Town of Williamstown, MA Special Use or Place Regulations

In order to assure that new residential development will, at minimum, meet its own share of providing for the diversity and balance of housing in Williamstown, the following shall be complied with by all major residential developments of 10 or more dwelling units:

At least 10% of the housing units shall be affordable to households having incomes not exceeding 100% of the then-current median income for non-Metropolitan Berkshire County, as estimated by the HUD Regional Economist; or

An alternative effort approved by the Planning Board shall be made, determined by the Board to make no less contribution than the above towards meeting the goal of economically balanced development.

Continuing affordability shall be assured for at least 25 years through means enforceable by the Town.

"Affordable" shall mean having a cost for rent, excluding utilities, not exceeding 30% of income or having a purchase price supportable at a given income under then-prevailing underwriting guidelines, given not more than a 5% down payment.

Fractional requirements of 0.5 dwelling units or more shall be rounded to the next higher number, others being rounded downward.

Flexible development. At the owner's option, any parcel may be divided into not more than eight lots, whether a subdivision or not, and built upon under the following alternative area and frontage requirements:

Frontage. The average frontage for all building lots created shall be no smaller than the minimum required under § 70-4.3, but individual lots may have frontage of as little as 2/3 that requirement.

Lot area. Individual lot area may be as little as 1/2 that required at § 70-4.3, except that lots relying upon on-site water supply and/or sewage disposal shall have lot area of not less than 10,000 square feet, and no lot shall have lot area of less than 7,500 square feet.

Number of lots.

The total number of building lots created from any parcel shall be no larger than the number which reasonably could be expected to be built upon in consideration of how much of the land is actually buildable, and in compliance with § 70-4.3 and all other applicable zoning, subdivision and health requirements.

That number shall be determined at the applicant's option either by a registered land surveyor's certification of the number obtained by dividing 80% of lot area (see definition, § 70-9.2) by the lot area required for a single-family dwelling at § 70-4.3; or by the Planning Board, based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with § 70-4.3.

Open space. At least 20% of the lot area of the premises being divided shall be restricted from building through limitations established on the plan.

Endorsement. The plan creating the lots shall be endorsed by the Planning Board as "Approved for Flexible Development."

Limitation. No further increase in the number of lots shall be allowed through subsequent land division.

Major residential development.

Applicability. Major residential development (see definition, § 70-9.2) is allowed only on special permit from the Planning Board. Such special permits shall be acted upon in accordance with the following, except for multifamily development proposed subject to § 70-7.1G or other specific authorization in this chapter. In addition, smaller developments may, at the owners option, be considered as if a major residential development and employ the following provisions.

Procedures. Applicants for major residential development shall file with the Planning Board four copies of the following:

A development plan conforming to the requirements for a preliminary subdivision plan under the Chapter 170, Subdivision Rules and Regulations of the Planning Board. Such plan shall also indicate wetlands and groundwater recharge potential, as shown on Town mapping or, at the applicant's option, as determined through individual project analysis. Topography shall be shown at two-foot intervals, except that the Planning Board may authorize ten-foot intervals in such areas as steep slope or where physical change is not proposed.

Other submittals required under other sections of this chapter. Note in particular those required for major projects, which include all major residential development. Those include documentation referenced in Article V, Development Standards, of the Williamstown Zoning Bylaw.

[Amended 5-17-2011 ATM, Art. 34]

Any additional information necessary to make the determinations and assessments cited in Subsection C(4) and (5) of this section.

Flexible development. The Planning Board may authorize flexible development within a major residential development, subject to the following in lieu of the requirements of § 70-7.1B, Flexible development.

Lots having reduced area or frontage are not limited in number to eight, but shall not have frontage on a street other than one created by the subdivision involved.

Each lot shall contain not less than 1/2 that lot area required at § 70-4.3 and have frontage of not less than 50 feet, except that lots relying upon on-site water supply and/or sewage disposal shall have lot area of not less than 10,000 square feet, and no lot shall have lot area of less than 7,500 square feet.

At least 20% of the lot area of the premises being divided or developed shall be reserved as open space which shall be either conveyed to the Town or its Conservation Commission or, if held by some other body (e.g., held in common by owners within the development or conveyed to a nonprofit conservation organization), shall be covered by a recorded restriction enforceable by the Town, provided that such land shall be permanently kept in an open state and responsibly maintained.

Number of lots and dwelling units.

The basic maximum number of lots or dwelling units allowed shall equal the number of building lots for single-family development which could reasonably be expected to be developed on that parcel under a conventional plan in full conformance with zoning, subdivision regulations, health codes and other applicable laws and regulations, as determined by the Planning Board.

Where the basic maximum number of lots is not otherwise clear, the applicant shall be required to submit a sketch conventional plan to assist in the determination. The determination of the basic maximum is an administrative act, which may be appealed to the Board of Appeals by any party having standing, as provided at MGL C. 40A, § 8.

Increase over basic maximum number of dwelling units.

The Planning Board may approve a major residential development containing more than the basic maximum number of dwelling units, upon the Board's determination that the proposed development provides public benefits or amenities through open space reservation or efforts at housing affordability. The increase over the basic maximum number of dwelling units allowed shall normally be equal to:

The number of units (up to 25% of the basic maximum) for which there is assurance for at least 20 years through covenant, repurchase agreement or other means enforceable by the Town, that the unit will be sold or leased at costs and with income eligibility limits meeting the guidelines of state or federal housing assistance programs, such as the MHFA Home Mortgage Loan Program; plus

The number of units (up to 25% of the basic maximum) which could otherwise reasonably have been expected to be developed on land to be restricted under a conservation restriction or deeded to the Town or its Conservation Commission, provided that such land is either:

Land abutting and within 200 feet of a street other than one created by the subdivision, or

Land determined by the Planning Board, following consultation with the Conservation Commission, to be of special resource value because of special habitat, fragile terrain, visual importance or other quality which distinguishes it from land in the district generally.

In no event, however, shall the Planning Board allow an increase (including transfers as provided below) to the extent that overall density is more than 50% higher than allowable by right.

Calculations resulting in fractional units of 0.5 or more shall be rounded to the next larger number, while others shall be rounded downward.

Multifamily development. Multifamily dwellings may be allowed in a major residential development. Unless in a district where multifamily development is allowed subject to § 70-7.1E and unless developed in accordance with that section, multifamily development shall comply with the following:

To assure internal diversity and continuity with surrounding development, single-family and two-family dwellings are allowed within a multifamily development.

[Amended 5-17-2011 ATM, Art. 30]

To maintain the visual scale of the community, each dwelling unit shall have its own exterior entrance and three exposures; there shall be not more than four dwelling units in any structure; multifamily structures shall be clustered in groups, with not more than 16 dwelling units in any group, and with buildings within groups separated from each other by not less than twice the required side yard.

[Amended 5-17-2011 ATM, Art. 30]

Visual separation from nearby premises shall be assured through providing yards of double the usually required dimension between any multifamily structure or parking area for six or more cars and the boundaries of the major residential development.

To assure environmental benefit from the compact form which this type of development facilitates, not less than 35% of the site area shall be retained in a vegetated state, either held in common by the owners of units in the development or deeded to a not-for-profit conservation organization, in either case subject to a conservation restriction, or alternatively deeded to the Town.

Agricultural protection incentive. In order to benefit the Town through the visual, economic and ecological benefits of preservation of agricultural use of land, and to benefit owners of land well-suited to agriculture, the following optional procedure may be followed by owners of eligible land if they so choose:

Land assessed under MGL C. 61A may be designated "agricultural protection land", and may be included within a major residential development application by reference, whether or not contiguous with or in the same ownership as other land within such application.

Such land shall be included in calculating the basic maximum number of dwelling units determined under § 70-7.1C(4). However, the number of allowable units determined for such land shall be multiplied by two in determining the total number of units allowed in the overall major residential development, provided that all such agricultural protection land is made subject to a perpetual conservation restriction to be granted to the Conservation Commission, prohibiting nonagricultural development, with the result that the units authorized will actually be constructed on the nonagricultural portions of the development.

In approving such transfer of development rights, the Planning Board must make the determination that the impacts of increased density on the developed parcel are balanced by the absence of development on the preserved parcel, considering such things as streets and utilities which service both parcels.

Decision. The Planning Board shall approve or approve with conditions a special permit for major residential development, provided that the Board determines that the plan complies fully with the requirements of this chapter, and is on balance more beneficial to the Town than the development likely without such approval, taking into consideration the following, among other concerns:

Preservation of natural resources, especially in relatively large-scale contiguous areas.

Protection of visual character by having open spaces which are visible from major roads.

Reduction in length of publicly maintained road and utility per dwelling unit served.

Location of development on sites best suited for such and avoiding environmentally fragile locations.

Protection of major street appearance and capacity by avoiding development close to or egressing directly onto such streets.

Contribution to meeting housing needs.

Development timing. As a condition of its approval, the Planning Board may require a development schedule limiting the rate of development for the premises, taking into consideration the intent of avoiding large year-to-year variations in Town-wide development rate while allowing development consistent with historic average rates, and also taking into consideration the housing needs which the development will serve, the housing cost and feasibility consequences of the limitation and the ability of the Town to timefully provide needed services to the site. In no event shall a development be limited to fewer than 16 lots or dwelling units per year, or be obliged to spread development out over more than eight years.

(9)

Limitation. No further increase in the number of lots shall be allowed through subsequent land division.

Detached accessory dwellings.

[Amended 5-17-2005 ATM, Art. 27; 5-15-2012 ATM, Art. 30; 5-21-2019 ATM, Arts. 32, 33]

Purpose and intent.

Increase the number of small dwelling units available in Town;

Increase the range of choice of housing accommodations;

Encourage greater diversity of population with particular attention to young adults and senior citizens while being more affordable to a wider range of households;

Encourage a more economic and energy-efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods; and

Give renewed purpose to previous underutilized accessory buildings.

Conditions and requirements; general.

A detached accessory dwelling unit shall be subordinate in size to the principal dwelling unit on a lot.

There shall be no more than one detached accessory dwelling unit per lot.

A detached accessory dwelling unit may be constructed on a parcel containing a two-family dwelling only if the two-family dwelling has been in existence for at least five years.

The principal building on a parcel containing a detached accessory dwelling unit shall not be eligible for conversion from a single to a two-family dwelling for at least five years following the issuance of a certificate of occupancy for the detached accessory dwelling.

Conditions and requirements; appearance. A detached accessory dwelling unit shall be designed to maintain the appearance and essential character of the neighborhood.

Customary residential accessory activities (e.g., use as a barn, garage, shed, etc.) shall be permitted in addition to a detached accessory dwelling unit. Such structures shall not count towards the following floor area restrictions.

A detached accessory dwelling unit shall be limited to 900 square feet gross floor area and may be increased to 1/3 of the gross floor area of the principal dwelling on the lot if it is larger but in no instance exceed 1,200 square feet gross floor area.

No unenclosed stairs shall be located on any street-facing side of the building.

The detached accessory dwelling unit shall require one parking space.

Conditions and requirements; review process.

Nonconforming lot: requires special permit by the Zoning Board of Appeals.

Existing nonconforming structure: requires special permit by the Zoning Board of Appeals.

Elderly housing. In districts where authorized in § 70-3.3, Use Regulation Schedule, new buildings for the elderly containing more than one but not more than 48 dwelling units may be allowed on special permit, provided that the following are complied with:

Operation and occupancy.

The building or group of buildings is operated by a nonprofit organization or a limited dividend corporation (approved by the Williamstown Housing Authority). For the purpose of this section, a nonprofit group shall mean the Williamstown Housing Authority or a corporation, foundation or other organization not organized for profit which qualifies for state and federal aid for nonprofit housing and which pays real estate taxes to the Town or equivalent payment in lieu thereof. Further for the purpose of this section a limited dividend corporation is a nonpublic body eligible to receive a subsidy from a federal or state agency to construct housing for the elderly.

The dwelling units shall be for occupancy by a family unit consisting of one or more persons at least 1/2 of whom are 62 years of age or older.

Basic design guidelines. Provisions of § 70-7.1G, Other multifamily housing, must be complied with, except as noted therein.

Special spaces.

Interior community spaces for recreation and group purposes shall be equal to at least 25 square feet per unit.

An outdoor area of at least 20 square feet per unit is available to the occupants for individual gardens and a south-facing exterior area receiving at least three hours of direct sunlight daily of at least 150 square feet per unit for sitting with tables and chairs as well as similar area of ten 10 square feet per unit which is protected from the sun.

The outdoor recreation areas provided in Subsection E(3)(b) above shall include facilities such as shuffleboard, horse shoes and table games and such other facilities as may be approved by the Planning Board located so that residents can reach them without crossing drives or parking areas.

Other design requirements.

The front yard, side yard and rear yard shall assure privacy on the site.

A ramp at every place on the site where it is deemed necessary by the Planning Board shall be provided.

A canopy to the entrance drive from the door of a building requiring an elevator shall be installed.

On-site standby power for emergency illumination purposes shall be provided. There shall be supplementary heating in the community space provided in Subsection E(3)(a).

Adequate lighting for all exterior walkways shall be provided.

Exemptions from provisions of this chapter are allowed for housing for the elderly as follows:

Maximum building coverage allowed by § 70-4.3 shall be increased to 30%.

Site area constructed or reserved for off-street parking spaces required by § 70-6.1 shall be reduced to that sufficient for one space per dwelling unit. The number of spaces to initially be constructed is to be determined by the Planning Board, but shall not be less than one space per two units.

Assisted living residence. Assisted living residences, either new construction or conversion of existing buildings, may be permitted by special permit from the Board of Appeals.

Dimensional requirements for new construction. Assisted living residence uses shall be subject to the following additional dimensional requirements:

Minimum lot area:

General Residence: 3,000 square feet of lot area per dwelling unit.

[Amended 5-21-2013 ATM, Art. 35]

Rural Residence 2 and 3: 8,700 square feet of lot area per dwelling unit.

but not less than the minimum lot area required by the table in § 70-4.3.

[1]Building height shall comply with § 70-4.1A.

Editor's Note: Former Subsection F(1)(b), providing for front and side yards, and former Subsection F(1)(d), regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said article also provided for the redesignation of former Subsection F(1)(c) and (e) as Subsection F(1)(b) and (c), respectively.

[2]Parking areas shall be located so that not more than 1/4 of all parking provided is located closer than the front line of the building furthest from the street.

Dimensional requirements for conversions of existing buildings. Conversions of existing buildings to assisted living residence uses shall be subject to the additional dimensional requirements:

Minimum lot area shall be:

General Residence: 3,000 square feet of lot area per dwelling unit.

[Amended 5-21-2013 ATM, Art. 35]

Rural Residence 2 and 3: 8,700 square feet of lot area per dwelling unit.

Planned Business: 2,300 square feet of lot area per dwelling unit.

but not less than the required minimum lot area of the table in § 70-4.3.

[3]Building height shall comply with § 70-4.1A.

Editor's Note: Former Subsection F(2)(b), providing for front and side yards, and former Subsection F(2)(e), regarding building height, were repealed 5-18-1999 ATM, Art. 29. Said article also provided for the redesignation of former Subsection F(2)(c) and (e) as Subsection F(2)(b) and (c), respectively.

[4]Parking areas shall be located so that not more than 1/4 of all parking provided is located closer than the front line of the building furthest from the street.

Accessory uses.

Garages for resident vehicles and common use vehicles owned by the operating entity.

A single-story building to house snow removal, lawn, maintenance and recreational equipment. Such building shall not exceed 3,000 square feet in gross floor area.

Outdoor swimming pools, tennis and other recreational courts, playing fields, gardens and residential greenhouses of not more than 250 square feet, covered and uncovered sitting areas.

Nonresidential uses. The operator of an assisted living residence may also provide optional services on the site, including, but not limited to, local transportation, barber/beauty services, sundries for personal consumption and other similar amenities, provided that:

Such uses serve the residents, their guests and employees of the assisted living residence only;

Such uses are conducted within and may be entered only from within a principal building;

There is no external evidence (including signs) of such uses visible beyond the site;

The appearance and character of the nonresidential uses are compatible with the residential development; and

Such uses are accessory uses to the principal assisted living residence use.

Other multifamily development. In districts where authorized in § 70-3.3, Use Regulation Schedule, new dwellings containing more than four but not more than 16 dwelling units may be authorized on special permit, provided that the following are complied with:

[Amended 5-19-2015 ATM, Art. 38; 5-16-2023 ATM, Arts. 22, 23]

Basic site characteristics.

The minimum lot area shall be 10,000 square feet per dwelling unit for structures each containing up to five dwelling units, 7,000 square feet per dwelling unit for structures each containing six or more dwelling units. For elderly housing under § 70-7.1E, required lot area may be reduced to 2,000 square feet per dwelling unit, provided that the housing is constructed on a site of at least three acres.

Lot frontage must equal 100 feet for the first unit on the lot plus 20 feet per dwelling unit after that, up to a maximum requirement of 500 feet. For elderly housing under § 70-7.1E that requirement may be reduced to 200 feet, provided that there are separate entrance- and exitways.

Each structure shall be connected to Town water or to a water supply certified to be suitable by the Williamstown Board of Health.

Each dwelling unit shall be connected to the Town sewerage system.

On Soil Associations A and D - G as shown on the Soil Association Map, dated 1963, prepared by the United States Soil Conservation Service on file with the Planning Board, the applicant must provide evidence that the site is satisfactory.

The dwelling units shall not be contained in a building used as a single-family dwelling at the time of the adoption of this section of the chapter.

Site design and development.

Parking. All off-street parking as required under § 70-6.1 shall be in the rear of the buildings unless specifically approved otherwise with the site plan. No more than 50 spaces shall be allowed in any one parking lot, and each parking lot shall be adequately screened from view from any exterior street by landscaping meeting the requirements of § 70-5.4B(3). Parking spaces shall be delineated, and wheel stops or bumpers shall be placed at the head of each space. No parking spaces shall be located within 30)feet of a building used for residential purposes. For each 250 square feet of parking space placed within an enclosed structure, the gross floor area devoted to multifamily dwellings may be increased by 100 square feet. If all the required parking area for a building containing dwelling units is enclosed within that building, the height regulation of § 70-4.1 shall be raised by 10 feet for that building.

Landscaping.

All areas not covered by pavement, curbing or structures such as, but not limited to, walkways, parking areas, access roads and paths and playing areas used for court games, shall have appropriate landscaping of grass, shrubbery, trees, flowers or suitable ground cover indigenous to the area.

Adjacent to and for the length of each exterior wall of each principal building, there shall be a three-foot wide area landscaped with bushes, shrubbery, hedge or trees, or other perennial foundation planting indigenous to the area. Adjacent to and for the length of each lot line there shall be a landscaped buffer strip of 30 feet in width containing landscaping meeting the requirements for district boundary planting area at § 70-5.4B(3)(d). This screening should not obstruct a view of oncoming traffic when entering or exiting from the property. All such landscaping shall be indicated on the site plan required by § 70-8.2B.

Building spacing. If there is more than one such structure on a lot of record, there shall be at least 40 feet between each structure. The only exception shall be that no more than three buildings may be interconnected by a covered walkway or breezeway for reasons of convenience and shelter from the elements. Such walkway shall not be constructed in such manner as, in the opinion of the Planning Board, to impair the services to the buildings by emergency vehicles or equipment. Such buildings so interconnected shall be deemed as separate and individual buildings for the purpose of administering Chapter 170, Subdivision Rules and Regulations.

Trash. There shall be a satisfactory design and location of collection points for solid waste recovery and for disposal of garbage and trash, adequately screened for reasons of health and safety as determined by the Planning Board and the Board of Health.

Utilities and lighting. All existing or proposed utilities shall be installed underground at the time of initial construction. Lighting facilities, whether placed along service drives, in parking areas or on the exterior of buildings, shall be so arranged that they do not cause illumination in excess of 1/2 of a footcandle at any point vertically above the property line or upon any window surface of a building or buildings used for dwelling purposes.

Open space.

Amount required. There shall be 1,500 square feet of usable common open space per dwelling unit (1,000 square feet for elderly developments under § 70-7.1E). Usable common open space shall mean areas left substantially in a natural state or improved by such landscaping as required in Subsection G(2)(b) and primarily designed and intended for the active and passive recreation of the occupants of the dwellings. Usable common open space shall not include street rights-of-way, open parking or service areas, driveways, easements for aboveground utilities, required minimum front yards or any other land deemed unsuitable by the Planning Board for reasons of excessive slope or poor drainage.

Public access. In case of public open space dedicated in fee to the Town, such open space shall be maintained as public land, accessible to the public. This shall not preclude the Town from refusing to accept such land without a favorable report from the Planning Board.

Rental responsibility. In cases of rental property, the owner shall, for reasons of health, safety and convenience of the residents, assume the responsibility for maintaining the open space.

Homeowners' association. In cases of the sale of individual units as in a condominium, there shall be included in the deed a requirement obligating the purchasers to join in a homeowners' association, and by paying assessments to the association, to support the maintenance of the common open space. The organization of such homeowners' association shall be on file with the Town Clerk, along with an annual report, including the names of officers, to be submitted to the Town Clerk by February 15 of each year.

Building design.

Exposures. Each dwelling unit shall have three exposures, except only one is required for elderly developments under § 70-7.1E.

Egress. A secondary exit shall be available to each family unit above the first floor consisting of an exterior stairway, or a fire escape of noncombustible construction when approved by the Building Commissioner, with access to the street or a second interior enclosed stairway.

Floor area. Gross floor area shall equal at least 720 square feet for the first dwelling unit plus 600 square feet for each additional dwelling unit. For elderly housing under § 70-7.1E, floor area may be as little as 550 square feet per one-bedroom unit and 450 square feet per efficiency unit.

Multifamily and mixed use development in Business Zones.

[Amended 5-21-2013 ATM, Art. 33, 35; 11-14-2017 ATM, Art. 6]

No unenclosed stairs may be located on a street facing side of a building.

Visibility of parking from public ways should be minimized.

Mobile homes and campers. No area shall be occupied or used by a mobile home or camper for a total time in excess of 30 days during any one calendar year, with the following exceptions:

Campers owned by the occupant of the premises may be stored in the side or rear yard when not in use.

Mobile homes may be located and occupied in a duly established mobile home park conforming to the regulations governing mobile home parks in Williamstown adopted by the Board of Selectmen acting as the Board of Health, or as such regulations may from time to time be amended by the Board of Selectmen acting as the Board of Health.

The owner or occupier of a dwelling which has been destroyed by fire or other holocaust may reside in a mobile home on the site of such dwelling for up to 12 months while the dwelling is being rebuilt.

Minor lane residential development.

Applicability. The Planning Board may issue a special permit for a minor lane residential development if it determines, in addition to the requirements of § 70-8.4, that the minor lane residential development better serves the Town than a lane built under Chapter 170, Subdivision Rules and Regulations, and Chapter 113, Road Construction Standards, considering whether the use of minor lane requirements shall:

Decrease the number of driveways entering Town streets.

Be a special value because of characteristics of the terrain vulnerable to damage from paved or wider streets.

Encourage infill housing in the case of General Residence Districts.

Provide superior protection for the natural environment, including trees, outstanding rock formations and other features.

Encourage clustering and preservation of open space in the Rural Residence Districts.

Limitations.

Lot sizes for lots fronting on minor lanes shall not be larger than two times the district minimum for Rural Residence 2 and 3, and three times the district minimum for General Residence.

[Amended 5-21-2013 ATM, Art. 35]

Minor lanes must connect directly with a street over land in the same ownership as the parcel to be divided.

The frontage provided by the minor lane shall be used to create not more than three lots for single-family dwelling use, and shall provide access for no more than three total lots.

Minor lanes shall not connect with each other, or connect with any two streets.

The parcel of land subdivided under this provision shall not be contiguous with other property subdivided under minor lane residential development requirements if at any time subsequent to May 18, 1993 (effective date of this provision), that property has been in common ownership or interest with that proposed for subdivision.

No land within a minor lane residential development may be further subdivided until the lane is improved to meet the applicable public roadway construction standards of Chapter 170, Subdivision Rules and Regulations, then in effect.[5]

Editor's Note: Original Section 7.1.9.2, Subsection 7, was deleted 5-17-1994 ATM, Art. 30.

Minor lanes shall be deemed substandard in dimension and construction within the meaning of Article III, Road Acceptances, of Chapter 60, Streets and Sidewalks, of the Code of the Town of Williamstown, and shall not be eligible for acceptance by Town Meeting as public ways.

Minor lanes shall not be maintained by the Town. All special permits issued for minor lane residential development shall contain a condition requiring maintenance of the lane to be the responsibility of the lot owners.

Submittals. Applicants for a minor lane residential development shall file with the Planning Board eight copies of a development plan conforming to the requirements of a preliminary subdivision plan, Chapter 170, Subdivision Rules and Regulations, § 170-3.3.

[6]Cable Mills Redevelopment District - Multifamily Housing Development. Multifamily development, by new construction or the conversion of an existing historic building, may be authorized by special permit provided the following are complied with:

[Added 5-15-2007 ATM, Art. 32]

Basic requirements.

Floor area ratio. Density in the district shall be controlled through a ratio of the gross floor area within buildings on a lot to the lot area of that lot. This ratio shall not be lower than .50 or higher than 2.50.

[Amended 11-14-2017 STM, Art. 8]

Open space. The Riverwalk, as defined by the Town's Community Preservation Act grant agreement, and areas in a substantially natural state surrounding the Riverwalk shall be maintained in perpetuity as open space for the benefit of the users of the district.

[Amended 11-14-2017 STM, Art. 8]

Utilities. All buildings shall be connected to Town water and sewer. All utilities shall be underground, in accordance with the development standards of Chapter 170. There shall be satisfactory design and location of collection points for rubbish and recyclables.

Nonresidential uses. Nonresidential uses are permitted in multifamily buildings on the first floor and are subject to the requirements of Table 7.6. There are no open space or lot area requirements for nonresidential uses.

Building design. Existing buildings shall retain their original nineteenth-century architecture. New construction shall be consistent with existing buildings in the Water Street Neighborhood. No unenclosed exterior stairways above the first floor shall be permitted.

Minimum floor area. Minimum gross floor area for dwelling units shall not be less than 700 square feet.

Parking. Off-street parking shall comply with § 70-6.1 for number of parking spaces and parking lot development.

Smokestack. The existing smokestack shall be retained as a historic architectural feature.

Affordable unit set aside.

Not less than 10% of the dwelling units shall be affordable, defined as 80% of the then-current median household income of nonmetropolitan Berkshire County, as estimated by the HUD Regional Economist.

The distribution of affordable units shall be proportional across the total number of units according to number of bedrooms, size, quality, and location.

Continuing affordability shall be assured for at least 30 years through means enforceable by the Town.

Editor's Note: Former Subsection K, Station Mill Redevelopment District - Multifamily Housing Development added 5-18-2004 ATM, Art. 28, was repealed 5-15-2007 ATM, Art. 29.

§ 70-7.2 Nonresidential development.

Local crafts. Products indigenous to the Berkshires, or to the arts or to handicraft industries (such as handloomed fabrics, hand-blown glass, pottery, paintings) or specialty food products (such as baked goods or candy) may be manufactured on the premises and sold at retail or wholesale in districts as indicated in § 70-3.3, provided that:

The only machinery on the premises shall be powered by hand or motors of not more than five horsepower.

Instructional classes shall be limited to those in connection with the manufacturing of products on the premises.

An agreement for maintenance of common areas, where two or more uses occupy a structure, shall be filed with and approved by the Board of Appeals as a condition of the special permit.

Auto service facilities. Where so indicated in § 70-3.3, Use Regulation Schedule, gasoline service stations, garages and repair shops may be located, provided that the following are complied with:

Repairs shall be limited to minor repairs and adjustments unless conducted in a building.

There shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery, or required in the operation of the service station, garage or repair shop.

The area used to service, repair or store vehicles shall be paved.

There shall be an area at least 15 feet deep between the street line and the paved area which shall be separated from the street by a curb, and which shall be seeded and landscaped except at an entrance and exit which shall be at least 20 feet wide and at least 50 feet apart, and further provided that there shall be only one entrance and one exit for each 150 feet of street frontage.

The paved area shall be screened from all adjacent lots (whether on the side or rear) by a strip 15 feet wide, densely planted with shrubs or trees, which are at least three feet high at the time of planting and are of the type which may be expected to form a year-round dense screen at least five feet high within three years. This screening should not obstruct a view of oncoming traffic when entering or exiting from the property.

Fund-raising. In all districts, special fund-raising events, such as festivals, art shows, street dances, etc., which are sponsored by a nonprofit organization shall be permitted, provided that all necessary licenses have been obtained, the event is of less than four days duration and no more than two such events are scheduled by the same organization in one calendar year.

Agriculture and related uses. Farming, horticulture, floriculture or viticulture, including raising and harvesting crops, truck gardening, pasturage, orchards and tree farming, are allowed on parcels of five acres or larger in all districts, and on smaller parcels as indicated in § 70-3.3, Use Regulation Schedule. Agricultural uses shall comply with the following:

No buildings shall be located within 100 feet of a district not allowing that use.

Animals permitted to graze closer than 100 feet of a district where their raising is not allowed shall be enclosed by fencing.

Any logging equipment, spraying equipment or other equipment necessary for orchards, nurseries, forestry and tree farms shall be normally stored in an enclosure subject to the provisions for location of farm buildings or is not visible from district or property boundaries.

No farm outlet or stand shall be located within 25 feet of a street line. Provision shall be made for off-street parking in accord with § 70-6.1.

Earth removal. The removal of earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other subsurface products, except water, from land in the Town of Williamstown, except when entirely incidental to or in connection with the construction of a building, pool or street for which a permit has been granted, or for which a development plan or subdivision plan has been approved, must comply with the following:

Special permit required. A special permit from the Board of Appeals is required prior to such removal. If more than 25 cubic yards of removal will take place in any one year, the applicant shall file with the Board of Appeals a map or plan, prepared at the expense of the applicant, showing the existing contours of the land, the contours as they are proposed after the completion of operations and a revegetation plan showing location and species of trees, shrubs and other plantings, mulchings and other planting details and aspects of revegetation, as prepared by a registered professional engineer or landscape architect. Such map or plan shall be accurately drawn on tracing cloth, Mylar or other suitable base material, the contour interval being two feet and shall contain complete information to make the physical characteristics clear.

Special permit conditions. A special permit granted for the removal of sand, gravel, stone, quarried stone or loam shall state the time within which work is to be carried on and finished, the extent of operations to be permitted, temporary and permanent drainage, and the predetermined grade to which the land shall be brought at the completion of the operations, the amount of topsoil to be replaced over cuts and the revegetation practices to be followed. It shall require that, after completion of the operations, the land shall be left in a usable condition.

Performance bond. The Board shall require a surety company bond not to expire until restoration in accord with this subsection is made, in the amount equal to the estimated cost of restorations as estimated by a registered professional engineer or landscape architect licensed to practice in the Commonwealth of Massachusetts.

Personal wireless service facilities and towers.

[Added 5-19-1998 ATM, Art. 25]

Purposes. The purposes of this personal wireless service facilities and towers section are to:

Preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless services to be developed.

Protect the scenic, historic, environmental and natural or man-made resources of the community.

Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities.

Provide a procedural basis for action within a reasonable period of time for request for authorization to place, construct, operate or modify personal wireless service facilities.

Preserve property values.

Minimize the total number and height of towers throughout the community.

Locate towers so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life on the community.

Require owners of towers and personal wireless service facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

Require tower sharing and the clustering of personal wireless service facilities where possible.

(j)

Encourage regional planning and use.

Consistency with federal law. These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

They do not prohibit or have the effect of prohibiting the provision of personal wireless services.

They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services.

They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Exempted wireless telecommunications uses. This section specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; any existing commercial radio tower; radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this section for any reason whether or not said facility is proposed to share a tower or other structure with such exempt uses.

Provisions of independent consultants.

Upon submission of an application for a special permit under this section, the SPGA shall hire independent consultants whose services shall be paid for by the applicant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields:

Telecommunications engineering.

Structural engineering.

Monitoring of electromagnetic fields.

Others as determined necessary by the SPGA.

The SPGA shall select the independent consultant(s) after consultation with the Planning Board, which may propose a list of qualified candidates.

Prohibition of teleports. There shall be no teleport(s) within the Town of Williamstown.

Application requirements:

No tower or personal wireless service facility shall be erected, constructed or installed, excepting work that is determined to be an eligible facilities request as defined by this chapter without first obtaining a special permit from the SPGA. One or both of two kinds of special permits are required:

[Amended 5-20-2014 ATM, Art. 36]

For new tower construction (or major modification of an existing tower); or

Personal wireless service facilities (or major modification of an existing facility) to be mounted on an existing or newly permitted tower or structure.

If the applicant is applying for both permits, they shall be submitted and examined concurrently.

(c)	Eight copies of the following additional information must be submitted:
	[1]	Adequate coverage, adequate capacity and justification of need:
		[a]	The applicant shall provide written documentation of any facility sites in Williamstown, in abutting towns and in Florida, Massachusetts, in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. From each such facility site, it shall demonstrate with written documentation that these facility sites are not already providing, or do not have the potential by adjusting the site to provide, adequate coverage and/or adequate capacity to the Town of Williamstown. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas, antenna gain, height of antennas on tower or structure, output frequency, number of channels, power input and maximum power output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified. Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.
		[b]	The application shall demonstrate with written documentation that the applicant has examined all facility sites located in Williamstown, in abutting towns and in Florida, Massachusetts, in which the applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of Williamstown. The documentation shall include, for each facility site examined, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application.
		[c]	The applicant shall demonstrate with written documentation that they have analyzed the feasibility of repeaters in conjunction with all facility sites listed in compliance with Subsection F(6)(c)[1][a] and [b] above to provide adequate coverage and/or adequate capacity to the Town of Williamstown. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.

Required documentation:

Eight copies of all submittals and showings pertaining to FCC licensing, environmental impact statements, FAA Notice of Construction or Alteration, aeronautical studies and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.

Eight copies of all information submitted in compliance with requirements of the Massachusetts Department of Public Health, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic Fields in the Frequency Range of 300 KHz to 100 GHz and Microwave Ovens, or any revisions thereof as the Department of Public Health may, by written notice, create.

The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized.

The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant.

Name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed tower shall be located or of the owner(s) of the tower or structure on which the proposed facility shall be located.

Required plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. (Note: survey plans should also be stamped and signed by a professional land surveyor.) Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the professional engineer (P.E.) and other professionals who prepared the plan.

For new tower construction, or major modification of an existing tower, a tower construction special permit is required.

The applicant shall provide a written, irrevocable commitment valid for the duration of the existence of the tower, to rent or lease available space for collocation on the tower at fair-market prices and terms, without discrimination to other personal wireless service providers.

If applicant is not simultaneously applying for a personal wireless service facilities special permit, it shall provide a copy of its existing lease/contract with a personal wireless service provider. A tower construction special permit shall not be granted for a tower to be built on speculation.

The following plans and maps:

Location map: copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds).

Vicinity map at a scale not less than one inch equals 200 feet (1:2,400) with contour intervals no greater than 10 feet (3 meters) showing the entire vicinity within a two-thousand-foot radius of the tower site, and including the topography, public and private roads, buildings and structures, bodies of water, landscape features (as listed in the Town of Williamstown Open Space Plan), historic sites. Indicate the property lines of the proposed tower site parcel and of all abutters within 300 feet of the tower site parcel, (from Assessors' maps or available surveys). Include the names of all abutters within 300 feet of the tower site parcel. Indicate any access easement or right-of-way needed for access from a public way to the tower, and the names of all abutters or property owners along the access easement or who have deeded rights to the easement.

Existing conditions plan: a recent survey of the tower site at a scale no smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500) with topography drawn with a minimum of five-foot contour intervals, showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines, wooded areas, individual trees with diameters greater than 12 inches within a two-hundred-foot radius from the base of the proposed tower (labeled with their current heights). Show the boundary of any wetlands or floodplains or watercourses, and of any bodies of water included in the Aquifer Protection District within 200 feet from the tower or any related facilities or accessways or appurtenances. The survey plan must have been completed, on the ground, by a professional land surveyor within five years prior to the application date, unless there has been substantial change.

Proposed site plans: proposed facility site layout, grading and utilities at the same scale as the existing conditions plan.

Proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements.

Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires, and the corners of all appurtenant structures.

Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.

Any direct or indirect wetlands alteration proposed.

Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.

[vii]

Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, etc.; any exterior lighting or signs.

[viii]

Plans of proposed access driveway or roadway and parking area at the tower site. Include grading, drainage, traveled width. Include a cross section of the access drive indicating the width, depth of gravel, paving or surface materials.

Proposed tower and appurtenances:

Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

Two cross sections through the proposed tower drawn at right angles to each other, and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of tower above average grade at tower base. Show all proposed antennas, including their location on the tower.

Details of proposed tower foundation, including cross sections and details. Show all ground attachments, specifications for anchor bolts and other anchoring hardware.

Detail proposed exterior finish of the tower.

Indicate relative height of the tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in 10 years.

Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands.

[vii]

A structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height.

[viii]

A description of available space on the tower, providing illustrations and examples of the type and number of personal wireless service facilities which could be mounted on the structure.

Proposed communications equipment shelter: floor plans, elevations and cross sections at a scale of no smaller that 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

[g]

Sight lines.

A minimum of eight view lines in a zero to two-mile radius from the site, shown beginning at true North and continuing clockwise at forty-five-degree intervals.

A plan map of a circle of two miles radius of the facility site on which any visibility of the proposed tower from a public way shall be indicated.

Applicant shall utilize the USGS Quadrangle Map, at a scale of 1:25,000, and submit profile drawings on a horizontal scale of one inch equals 400 feet, with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.

[h]

Balloon test. Within 35 days of submitting an application, the applicant shall arrange to fly, or raise upon a temporary mast, a three-foot diameter brightly colored balloon at the maximum height of the proposed tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised, by the applicant, at seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town of Williamstown. The applicant shall inform the SPGA and the Planning Board, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 9:00 am and 5:00 p.m. of the dates chosen.

For new personal wireless service facility, or major modification of an existing facility, a personal wireless service facility special permit is required.

The following plans and maps:

Location map: copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed facility site. Indicate the location of the proposed personal wireless service facility, or of the facility undergoing major modification, and the exact latitude and longitude (degrees, minutes and seconds).

Proposed facility plan: a recent survey of the facility site at a scale no smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500) showing:

Horizontal and radial distances of antenna(s) to nearest point on property line.

Horizontal and radial distances of antenna(s) to nearest dwelling unit.

Any changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking or other infrastructure as a result of this proposed modification of the facility.

Proposed communications equipment shelter:

Floor plans, elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

Proposed equipment plan.

Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

Number of antennas and repeaters, as well as the exact locations, of antenna(s) and of all repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.

Mounting locations on tower or structure, including height above ground.

Antenna type(s), manufacturer(s), model number(s).

For each antenna, the antenna gain and antenna radiation pattern.

Number of channels per antenna, projected and maximum.

[vii]

Power input to the antenna(s).

[viii]

Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate.

[ix]

Output frequency of the transmitter(s).

General requirements.

New towers shall be set back at least one time the height of the tower, plus 50 feet, from all boundaries of the site on which the tower is located.

If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter, except where the access drive is located. The applicant shall obtain a financial surety to cover the cost of the remediation of any damage to the landscape that occurs during the clearing of the site.

Fencing and signs: The area around the tower and communication equipment shelter(s) shall be completely fenced for security to a height of six feet and gated. Use of razor wire is not permitted. A sign no greater than one square foot indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, no-trespassing or other warning signs may be posted on the fence.

Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

New towers shall not exceed the minimum height necessary to provide adequate coverage for the personal wireless service facilities proposed for use on the tower. The applicant may submit a request for additional height to accommodate future sharing and shall provide design information to justify such additional height.

Tower finish. New tower(s) shall have a galvanized finish unless otherwise required. The SPGA may require the tower(s) to be painted or otherwise camouflaged to minimize the adverse visual impact.

Tower(s) must be of a type which will maximize potential sharing. Lattice-type structures are preferred, but where a monopole is requested, the applicant must demonstrate the future utility of such structure for expansion of service for the applicant and other future applicants.

The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged. An applicant who has received a personal wireless service facility special permit under this section may, with at least 30 days' written notice to the Planning Administrator, install one or more additional repeaters by right. Applicants shall detail the number, location, power output and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.

[Amended 5-19-2015 ATM, Art. 38]

If primary coverage (greater than 50%) from proposed personal wireless service facility is outside Williamstown, then the permit may be denied unless the applicant can show that he or she is unable to locate within the Town which is primarily receiving service from the proposed facility.

(j)

Commercial advertising shall not be allowed on any antenna, tower or accessory building or communication equipment shelter.

(k)

Unless required by the Federal Aviation Administration, no night lighting of towers, or the personal wireless service facility, is permitted, except for manually operated emergency lights for use only when operating personnel are on site.

(l)

No tower or personal wireless service facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR) is permitted.

(m)

No tower or personal wireless service facility with the exception of repeaters shall be located:

No repeater shall be located closer than 50 feet to an existing dwelling unit nor less than 25 feet above ground.

Within any of the following prohibited areas:

Massachusetts or federally regulated wetland.

A Massachusetts certified vernal pool.

The habitat of any state-listed rare or endangered wildlife or rare plant species.

Within 100 feet horizontally from any Massachusetts regulated wetland.

Within the 200 feet horizontally of the Outer Riparian Zone measured horizontally from any river or perennial stream.

(n)

Parameters of appropriate siting:

Towers and personal wireless service facilities shall be located so as to minimize the following potential impacts:

Visual/aesthetic: Towers shall, when possible, be sited off ridge lines, and where their visual impact is least detrimental to highly rated scenic areas.[1]

Editor's Note: See Massachusetts Landscape Inventory, MGL § 131, § 39A, conducted by the Massachusetts Department of Environmental Management, 1982.

Diminution of residential property values.

Safety: in cases of structural failure and attractive nuisance.

Safety from excessive electromagnetic radiation: in cases the tower or personal wireless service facility is found to exceed the FCC guidelines.

The following locations are ranked in order of preference:

Shared use of existing personal wireless service facilities shall be encouraged.

Clustering of towers: Applications for tower adjacent to existing towers shall be encouraged.

The use of municipal lands which comply with other requirements of this section, and where visual impact can be minimized and mitigated, shall be encouraged.

The use of repeaters to provide adequate coverage without requiring new tower(s) shall be encouraged.

The use of land distant from higher density residential properties, and where visual impact can be minimized shall be encouraged.

Sharing with neighboring communities.

Towers and personal wireless service facilities shall be located so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which is technically and economically feasible.

The SPGA shall request input from the chiefs (or their designees) of fire, police and other emergency services regarding the adequacy for emergency access of the planned drive or roadway to the site.

Evaluation by independent consultants.

Upon submission of a complete application for a special permit under this section, the SPGA shall provide its independent consultant(s) with the full application for their analysis and review.

Applicants for any special permit under this section shall obtain permission from the owner(s) of the proposed property(s) or facility site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s).

(9)

Approval criteria.

In acting on the special permit application, the SPGA shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.

In addition to the findings required by in § 70-8.4D of this chapter, the SPGA shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows:

That applicant is not already providing adequate coverage and/or adequate capacity to the Town of Williamstown; and

That applicant is not able to use existing towers/facility sites either with or without the use of repeaters to provide adequate coverage and/or adequate capacity to the Town of Williamstown; and

That the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers; and

That proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities; and

That the proposal shall comply with FCC Reg. 96-325 regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and

Any decision by the SPGA to deny any application for a special permit under this section shall be in conformance with Sec. 332 (47 USC 332) (7)(B)(iii) of the Act, in that it shall be in writing and supported by substantial evidence contained in a written record.

(10)

Monitoring and evaluation of compliance.

Pretesting. After the granting of a special permit and before the applicant's personal wireless service facilities begin transmission, the applicant shall pay for an independent consultant, hired by the Town, to monitor the background levels of EMF radiation around the proposed facility site and/or repeater locations to be utilized for the applicant's personal wireless service facilities. The independent consultant shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Administrator.

[Amended 5-19-2015 ATM, Art. 38]

Post-testing. After transmission begins, the owner(s) of any personal wireless service facility(ies) located on any facility site shall pay for an independent consultant, hired by the Town, to conduct testing and monitoring of EMF radiation emitted from said site, and to report results of said monitoring, as follows:

There shall be routine annual monitoring of emissions by the independent consultant using actual field measurement of radiation, utilizing the monitoring protocol. This monitoring shall measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any). A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Administrator.

[Amended 5-17-2016 ATM, Art. 30]

Any major modification of existing facility, or the activation of any additional permitted channels, shall require new monitoring.

Excessive emissions: Should the monitoring of a facility site reveal that the site exceeds the FCC 96-326 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA and the Planning Administrator a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish the reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in § 70-8.1C of this chapter. Such fines shall be payable by the owner(s) of the facilities and antennas on the facility site, until compliance is achieved.

[Amended 5-19-2015 ATM, Art. 38]

Structural inspection. Tower owner(s) shall pay for an independent consultant (a licensed professional structural engineer), hired by the Town, to conduct inspections of the towers structural integrity and safety. Guyed towers shall be inspected every three years. Monopoles and nonguyed lattice towers shall be inspected every five years. A report of the inspection results shall be prepared by the independent consultant and submitted to the Planning Administrator. Any major modification of an existing facility that includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.

[Amended 5-19-2015 ATM, Art. 38; 5-17-2016 ATM, Art. 30]

Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as specified in in § 70-8.1C of this chapter. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved.

(11)

Removal requirements. Any personal wireless service facility which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all personal wireless service facility improvements that have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The applicant, upon obtaining a permit, shall obtain a financial surety to cover the cost of removal of the personal wireless service facility and the remediation of the landscape, should the facility cease to operate.

(12)

Insurance. Towers and personal wireless service facilities shall be insured by the owner(s) against damage to persons or property. The owner(s) shall provide a certificate of insurance to the Selectmen's office on an annual basis in which the Town of Williamstown shall be an additional named insured.

(13)

Severability cause. The invalidity of any section or provision of this section shall not invalidate any other section or provision hereof.

Wind-generated energy production facilities.

[Added 5-21-2002 ATM, Art. 21]

Purposes. The purposes of this wind-generated energy production facilities section are to:

Preserve the character and appearance of the Town while simultaneously allowing alternative energy technologies to be developed.

Protect the scenic, historic, environmental and natural or man-made resources of the community.

Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of wind facilities.

Provide a procedural basis for action within a reasonable period of time for request for authorization to place, construct, operate or modify wind facilities.

Preserve property values.

Locate wind facilities so that they do not have negative impacts such as, but not limited to, attractive nuisance, noise and falling objects on the general safety, welfare and quality of life in the community.

Require owners of wind facilities to configure them so as to minimize and mitigate the adverse impact of the wind facilities.

Application requirements:

No wind facility or part thereof (or major modification to any of the foregoing) shall be erected, constructed or installed without first obtaining a special permit from the Board of Appeals. For purposes of this Subsection G(2)(a), "major modification" shall be defined as any change that would alter the criteria on which the original permit was granted such as modification of wind turbine height, size or number of blades, noise levels or visual impact.

Required documentation. The applicant shall provide the Board of Appeals with eight copies of each of the following:

Duly executed application form.

The following plans and maps prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts:

Location map: copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed wind facility.

Vicinity map at a scale not less than one inch equals 200 feet (1:2,400) with contour intervals no greater than 10 feet showing the entire vicinity within a two-thousand-foot radius of the wind facility site, and including the topography, public and private roads, buildings and structures, bodies of water, landscape features (as listed in the Town of Williamstown Open Space Plan), historic sites. Indicate the property lines of the proposed wind facility site parcel and of all abutters within 300 feet of the site parcel (from Assessors' maps or available surveys). Indicate any access easement or right-of-way needed for access from a public way to the wind facility, and the names of all abutters or property owners along the access easement or who have deeded rights to the easement.

Existing conditions plan: a recent survey of the site at a scale no smaller than one inch equals 40 feet (1:480) with topography drawn with a minimum of five-foot contour intervals, showing existing utilities, property lines, stone walls or fence lines, wooded areas, individual trees with diameters greater than 12 inches within a three-hundred-foot radius from the base of the proposed wind facility (labeled with their current heights) and existing buildings or structures within a one-thousand-foot radius from the base of the proposed wind facility. Show the boundary of any wetlands or floodplains or watercourses, and of any bodies of water included in the Water Resources Overlay District within 200 feet from the wind facility or any related facilities or accessways or appurtenances. The survey plan must have been completed, on the ground, by a professional land surveyor within five years prior to the application date, unless there has been substantial change since such date.

Proposed site plans: proposed wind facility site layout, grading and utilities at the same scale as the existing conditions plan.

Proposed wind facility location and any appurtenances, including supports and guy wires, if any, and any appurtenant structures and equipment, including without limitation, power lines and transformers. Indicate property boundaries and distances to the base(s) of the wind turbine(s) and to the nearest corners of each of the appurtenant structures and equipment to those boundaries and dimensions of all proposed improvements. Indicate distances from the base(s) of the wind turbines and the nearest corners of each of the appurtenant improvements to all buildings, skiing facilities, public and private airports and airstrips and areas used by migratory birds within a one-thousand-foot radius from the base of each wind turbine.

Indicate proposed spot elevations at the base of the proposed wind machine and the base of any guy wires, and the corners of all appurtenant structures.

Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or above ground. Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alteration.

Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.

Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, exterior lighting or signs.

Plans of proposed access driveway or roadway and parking area at the wind facility whether temporary or permanent; include grading, drainage, and traveled width. Include a cross section of the access drive indicating the width, depth of gravel, paving or surface material.

Proposed wind facility:

Plans, elevations, section and details at appropriate scales but no smaller than one inch equals 10 feet.

Two cross sections through the proposed wind turbine drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of wind turbine above average grade at wind turbine base.

Detail of proposed exterior finish of the wind turbine and any aboveground appurtenant structures.

Indicate relative height of the wind turbine to the tops of surrounding frees as they presently exist, and the height to which they are expected to grow in 10 years.

Proposed pad-mounted transformers, operations control facility and maintenance facility: floor plans, elevations and cross sections at a scale of no smaller than 1/4 inch = one foot (1:48) of any proposed appurtenant structure. Applicant shall also provide representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

[g]

Applicant shall submit computer-generated modeling or other form of documentation acceptable to the Board of Appeals to show the following:

[h]

Sight lines.

A minimum of eight view lines in zero-to-two-mile radius from the site, shown beginning at true North and continuing clockwise at intervals of 45°.

A plan map of a circle of two-mile radius of the wind facility site on which any visibility of the proposed wind turbines from a public way shall be indicated.

Applicant shall utilize the U.S.G.S. Quadrangle map, at a scale of 1:25,000, and submit profile drawings on a horizontal scale of one inch = 400 feet, with a vertical scale of one inch = 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.

Post-construction simulated views. Applicant shall provide projected post-construction simulated views of the wind facility from up to six view lines with locations as determined by the Board of Appeals and Planning Board, in a one-to-three mile radius of the project site.

[j]

Balloon test. Within 35 days of submitting an application, applicant shall arrange to fly, or raise upon a temporary mast, a three-foot diameter, nine-and-one-half-foot long brightly colored balloon at the maximum blade tip height of the proposed wind facility and at each end of the array of the wind facility. The dates (including a second date, in case of poor visibility on the initial date in the reasonable opinion of the Board of Appeals), times and location of this balloon test shall be advertised, by the applicant, at seven and 14 days in advance of the first test date (and the second date, if applicable) in a newspaper with a general circulation in the Town of Williamstown. The applicant shall inform the Board of Appeals, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of the dates chosen.

[k]

A regrading and revegetation program for temporary roads required in connection with development of the wind facility but no longer required after project completion.

[l]

An avian risk assessment evaluating the potential impact of the proposed facility on avian life, including, without limitation, resident and migratory bird habitats in and adjacent to the wind facility site.

[m]

Wildlife risk assessment evaluating the potential impact of the proposed facility on resident and migratory wildlife habitats in and adjacent to the wind facility site.

Independent consultants.

Upon submission of a complete application for a special permit under this article, the Board of Appeals shall hire independent consultants whose services shall be paid for by the applicant(s).

Applicants for any special permit under this section shall obtain permission from the owner(s) of the proposed property(s) or wind facility site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s).

General requirements.

Wind facilities shall be located in the RR-1 District and RR-2 District.

The height of any wind turbine as measured from average grade shall be less than 200 feet and have a minimum blade clearance from the ground immediately below each wind turbine of 20 feet.

Height calculation. For purposes of calculating the overall height of a wind turbine, the total height shall be measured from average grade to the uppermost extension of any blade or the maximum height reached by any part of the wind turbine.

Setbacks.

Setbacks from adjacent parcels. A minimum setback for each wind facility shall be maintained equal to two times the overall wind turbine height, or 300 feet, whichever is greater, from all boundaries of the site on which the wind facility is located.

Setbacks for residences. Notwithstanding the provisions of Subsection G(4)(c)[1] above, a minimum setback for each wind turbine of at least 600 feet shall be maintained from any building occupied by humans whether on site or on adjacent parcels.

All electrical wires associated with the wind facility shall be located underground between the wind turbine and the project substation.

If the wind facility site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter except where the access drive is located. Applicant shall obtain a financial surety in form and amounts reasonably acceptable to the Board of Appeals to cover the cost of the remediation and revegetation of any damage to the landscape that occurs during the clearing of the site.

Fencing and signs: The area around each wind turbine and any appurtenant structure (other than an access road) shall be completely fenced for security to a height of six feet and gated. Use of razor wire is not permitted. One sign no greater than one square foot indicating the name of the wind facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. Signs warning of high voltage electricity shall be posted on stationary portions of each wind turbine, transformers and the operations control facility. In addition, "No Trespassing" or other warning signs may be posted on the fence. No advertising signs or logos shall be permitted on site.

All appurtenant structures shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The structures shall be used only for the housing of equipment related to this particular site. As a condition to granting a special permit, the Board of Appeals may require the structures to be joined or clustered so as to appear as one building.

Wind turbine finish. Wind turbines shall be of a nonreflective, unobtrusive color with a nonreflective finish. The Board of Appeals may require the wind turbines to be painted or otherwise camouflaged to minimize the adverse visual impact.

Commercial advertising shall not be allowed on any part of the wind facility.

(j)

Unless required by the Federal Aviation Administration (FAA), no night lighting of wind turbine, or any appurtenant building, is permitted, except for manually operated emergency lights for use only when operating personnel are on site. Applicant shall provide the Board of Appeals with an official determination by the FAA as to its lighting requirements and/or markings.

(k)

No wind turbine that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR) is permitted.

(l)

The Board of Appeals may impose such safety-related conditions as it deems reasonably necessary, including but not limited to manual and automatic controls to limit blade speed and fire protection controls.

(m)

Parameters of appropriate siting:

Wind facilities shall be located so as to minimize the following potential impacts:

Visual/Aesthetic: Wind facilities shall, when possible, be sited off ridgelines, and where their visual impact is least detrimental to highly rated scenic areas.

Diminution of residential property values.

Safety: resulting from structural failure, "blade throw," falling ice, and attractive nuisance.

Safety from excessive electromagnetic radiation: in the event the wind facility is found to exceed the FCC guidelines.

The following locations are ranked in order of preference:

The use of land which has already been developed for another similar purpose, such as path of high-power electric lines.

The use of land, distant from higher-density residential properties, and where visual impact can be minimized shall be encouraged.

Location can be accessed from existing developed roads in order to avoid creation of new roads and disruption of vegetation.

The Board of Appeals shall request input from the Chiefs (or their designees) of fire, police and other emergency services regarding the adequacy for emergency access of the planned drive or roadway to the site.

(n)

The project operator shall be required to keep a log of all dead birds found within 500 feet of a wind facility and make such log available to the Board of Appeals upon request.

(o)

Operational noise. Operational noise from the wind facility shall comply with the noise standards set forth in § 70-5.4E of the Code. Wind facilities shall comply with the requirement for Noise Zone C.

(p)

The Board of Appeals may impose such conditions as it deems reasonably necessary to minimize or mitigate detrimental effects to the environment, including, but not limited to glare caused by construction and/or operation of the wind facility.

(q)

Construction of on-site roads for the installation and operation of a wind facility shall be minimized. Temporary roads used for initial installation shall be regraded and revegetated to a natural condition upon completion of construction.

(r)

Wind facility projects which are granted a special permit by the Board of Appeals pursuant to this section of the Code shall be exempt from development plan review by the Planning Board as set forth in § 70-8.2 of the Code.

Approval criteria.

In acting on the special permit application, the Board of Appeals shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.

In addition to the findings required by in § 70-8.4D of this chapter, the Board of Appeals shall, in consultation with the independent consultant(s), make all of the applicable findings before granting the special permit, as follows:

That wind facility will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources, wildlife; and

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the wind facility; and

That the proposal shall comply with FCC Reg. {96-325} regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and

Monitoring and evaluation of compliance.

[Amended 5-19-2015 ATM, Art. 38]

Pre-testing. After the granting of a special permit and before the applicant's wind facility begins operation, the applicant shall pay for an independent consultant, hired by the Town, to monitor the background levels of EMF radiation and operational noise, around the facility site. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Administrator.

Excessive emissions: Should the monitoring of a wind facility site reveal that the site exceeds the FCC 96-326 standard with respect to EMF radiation or violates § 70-5.4E with respect to noise levels, then the owner shall be so notified. The owner shall submit to the Board of Appeals and the Planning Administrator a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard and/or noise levels to comply with § 70-5.4E within 10 business days of notification of noncompliance. That plan shall reduce emissions and/or noise as required within 15 days of initial notification of noncompliance. Failure to accomplish such reduction within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in § 70-8.1C of this chapter. Such fines shall be payable by the owner of the wind facility, until compliance is achieved.

Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. "Abandoned" is defined as the failure to operate the facility on a continuous and ongoing basis for a period of one year. At the time of removal, the wind facility site shall be reclaimed. All wind turbines and appurtenant structures shall also be removed and the wind facility site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. Applicant, upon obtaining a special permit, shall deliver to the Board of Appeals a financial surety, in form and amounts reasonably acceptable to the Board of Appeals, to cover the cost of removal and disposal of the wind facility and the remediation of the landscape in accordance with this subsection. Such financial surety shall be renewed and updated as necessary throughout the life of the wind facility so as to continue to cover the removal, disposal and remediation costs as set forth above. The foregoing notwithstanding, the applicant shall be entitled to apply for a special permit to leave the foundation of the wind facility intact in order to minimize disruption to existing vegetation and minimize erosion problems.

Severability clause. The invalidity of any section or provision of this section shall not invalidate any other section or provision hereof.

Weddings and family celebrations on farms. Weddings and family celebrations on farms (the "events") are allowed as indicated in § 70-3.3, Use Regulation Schedule. The purpose of this bylaw is to provide an option to farms of sufficient size in order to promote the sustainability of farming, the enhancement of our community and the preservation of open space. Such uses shall comply with the following:

[Added 5-15-2012 ATM, Art. 31]

The events may only be held on farm property which qualifies as a farm as defined by the Right to Farm Bylaw, Chapter 46, § 46-2 of the Code of the Town of Williamstown.

The side, front and back setbacks for the event must be no less than 100 feet.

There shall be no electronically amplified sound at events except between the hours of 10:00 a.m. and 11:00 p.m.

The maximum number of events per calendar year, per farm, shall not exceed 10 events.

[Amended 8-18-2020 ATM, Art. 35]

The Board of Appeals may approve such events for a multiyear period of time, revocable subject to the applicant complying with the provisions of this section, and any other conditions established by the Board.

Small concerts. Small concerts on farms are allowed as indicated in § 70-3.3, Use Regulation Schedule. The purpose of this bylaw is to provide an option to farms of sufficient size in order to promote the sustainability of farming, the enhancement of our community and the preservation of open space. Such uses shall comply with the following:

[Added 5-15-2012 ATM, Art. 32]

A "small concert" shall be defined as a concert at which no more than 40 guests attend.

Small concerts may only be held on farm property which qualifies as a farm as defined by the Right to Farm Bylaw, Chapter 46, § 46-2, of the Code of the Town of Williamstown.

If outdoor, a small concert must have side, front and back setbacks for the event of no less than 100 feet.

No small concert shall be held before 10:00 a.m. in the morning, or later than 9:30 p.m. in the evening.

The Board of Appeals may approve such small concerts for a multiyear period of time, revocable subject to the applicant complying with the provisions of this section, and any other conditions established by the Board.

Solar energy systems.[2]

[Added 5-19-2015 ATM, Art. 39]

Purpose. The purpose of this Subsection J is to promote the deployment of solar energy systems of all sizes by providing reasonable standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources, and in the case of large installations, to provide adequate financial assurance for their eventual decommissioning.

General requirements for all canopy-mounted solar energy systems.

Utility notification. No grid-connected canopy-mounted solar photovoltaic system shall be installed until evidence has been provided to the Building Commissioner as part of a building permit application that the owner has notified the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

Design standards. All canopy-mounted solar energy installations must fulfill the following requirements:

Height limitations.

Maximum height: Each canopy-mounted solar array (one or more solar panels that are joined as a unit), together with its supporting structure, may not exceed a height of 18 feet above the ground. In the case of movable or tracking mounts, height is measured at maximum design tilt.

Minimum clearance: Each canopy-mounted solar array, together with its supporting structure, must provide a minimum clearance of 13 feet to allow for emergency vehicle and maintenance vehicle access.

General requirements for all ground-mounted solar energy systems.

Utility notification. No grid-connected ground-mounted solar photovoltaic system shall be installed until evidence has been provided, to the Building Commissioner as part of a building permit application for systems permitted by right or to the Zoning Board of Appeals for systems permitted by special permit, that the owner has notified the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

Design standards. All ground-mounted solar energy installations must fulfill the following requirements:

Height limitations. Each ground-mounted solar array (one or more solar panels that are joined as a unit), together with its supporting structure, may not exceed a height of 15 feet above the ground. In the case of movable or tracking mounts, height is measured at maximum design tilt.

Dimension and density requirements.

Coverage area is calculated as the amount of impervious area created by the panel support structures.

All ground-mounted solar photovoltaic installations shall conform to the minimum yards, building cover and open space requirements defined for the underlying district in § 70-4.3.

Building cover shall be calculated as measured at minimum design tilt.

The minimum required yard where abutting a residential district for an installation in Limited Industrial is reduced to 75 feet.

Appurtenant structures. All appurtenant structures to ground-mounted solar photovoltaic installations shall be subject to the district's regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Lighting. No lighting of the solar photovoltaic installation is permitted. Lighting of appurtenant structures is limited to that required for safety and operational purposes. All lighting shall be directed away from adjacent properties and shall comply with the requirements of 70-5.4D.

Requirements for large-scale ground-mounted solar photovoltaic installations. In addition to the requirements of § 70-7.2J(3), the additional requirements of this section shall apply to large-scale solar photovoltaic installations.

Required documentation. The applicant shall submit documentation required by § 70-8.2, Development plan review, and shall also submit the following documentation to the Zoning Board of Appeals or authority performing development plan review:

Plans showing the following;

Property lines, easements, and physical features, including roads, for the project site;

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

Drawings of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

Electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer;

[g]

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

[h]

The name, contact information and signature of any agents representing the project proponent.

Site control. The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

Operation and maintenance plan. The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

Design standards. In addition to the design standards of § 70-7.2J(3)(b), the following standards apply to large-scale solar photovoltaic installations:

Signage. A sign is required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the installation. All signage must comply with Chapter 53, Signs.

Utility connections. Reasonable efforts shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Safety and environmental standards.

Emergency services. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

Fencing. The entire perimeter of a large-scale solar photovoltaic system shall be fenced and gated for security purposes to a height of six feet or more. The use of razor wire is not permitted.

Screening. All large-scale solar photovoltaic installations shall be screened from the public way and any adjacent residential property by plantings of at least six feet in height and 90% opacity or in cases where this may not be feasible by an alternative deemed acceptable by the Zoning Board of Appeals or other development plan review authority.

Monitoring and maintenance.

Solar photovoltaic installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, stormwater management, access, and integrity of security measures. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s).

Modifications. All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by either the Zoning Board of Appeals, if the original installation was permitted pursuant to a special permit, or other development plan review authority, for all other large-scale ground-mounted solar installations.

Abandonment or decommissioning.

Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Administrator by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Administrator may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Zoning Board of Appeals or other development plan review authority. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property to the extent it is duly authorized by law and physically remove the installation. As a condition of site plan or special permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation. The Town's cost for the removal will be charged to the property owner in accordance with the provisions of MGL c. 139, § 3A, as a tax lien on the property.

Special permit approval criteria. Where a special permit is required for a large- or medium-scale solar photovoltaic installation, the Zoning Board of Appeals shall apply the following guidelines to its deliberations:

In acting on the special permit application, the Zoning Board of Appeals shall proceed in accordance with the procedures and timelines established for special permits in § 70-8.4D of this chapter.

In addition to the findings required by § 70-8.4D of this chapter, the Zoning Board of Appeals shall make the following finding, that the applicant has taken all reasonable measures to ensure the solar photovoltaic facility will not have an undue adverse impact on historic resources, scenic views, or natural or man-made resources.

Editor's Note: This subsection was originally enacted as Subsection H but was renumbered as Subsection J to follow already existing Subsections H and I.

Marijuana establishments. Marijuana establishments with the exception marijuana retailers, as described by this chapter, shall be allowed in accordance with § 70-3.3, Use Regulation Schedule and shall abide by the following development standards.

[Added 6-9-2021 ATM, Art. 29]

Expert review: In reviewing applications for special permits the Zoning Board of Appeals reserves the right to hire an independent consultant(s) with experience in evaluating marijuana establishments or similar facilities on behalf of municipalities and whose services shall be paid for by the applicant(s).

Waste management: Marijuana establishments shall compost organic waste composed of or containing marijuana and marijuana products in accordance with applicable regulations of the Cannabis Control Commission, including, but not limited to, 935 CMR 500.105(12). A waste management plan identifying all waste streams and method of disposal shall be submitted to the ZBA for review.

Nuisance: No use shall be allowed at a marijuana establishment which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

Indoor marijuana cultivators, marijuana product manufacturers, and marijuana testing facilities, as defined by § 70-9, shall abide by the following development standards.

Odor control and mitigation: A detailed plan to control and mitigate odors or emissions of any kind from exiting the proposed facility, using the best available technology, must be submitted. The plan must include design and specifications of all filtration technologies and equipment proposed to be implemented along with an action plan addressing the response to any emissions that may occur during the operation of the facility. If at any time during the ongoing operations of a duly licensed facility emissions or odors occur, the marijuana establishment will immediately correct such condition and inform the permit granting authority in writing of the measures taken to mitigate.

Renewable energy requirements: Applicants shall be required to integrate roof or ground mounted solar photovoltaic systems or an alternative renewable energy technology to provide at least 25% of the energy needs of the facility. The Zoning Board of Appeals may modify or waive this requirement based on site conditions or other considerations.

Outdoor marijuana cultivators, as defined by § 70-9, shall abide by the following development standards.

Lot area requirement: All outdoor marijuana cultivators shall be located on five or more acres of land.

Facility setback requirements: All outdoor marijuana cultivators facilities, including all grow area fencing and security apparatus, shall be subject to 150-foot side and rear setbacks. Marijuana cultivators licensed for one acre or less of canopy shall be set back 150 feet from all public ways. Marijuana cultivators licensed for more than one acre of canopy shall be set back 200 feet from all public ways. No part of the facility as defined by the Massachusetts Cannabis Control Commission shall be located less than 500 feet from the closest point of any residential dwelling, not in common ownership with the applicant, in existence at the time of the operator's application to the Zoning Board of Appeals for a special permit.

Screening: All secure area fencing as required by the Massachusetts Cannabis Control Commission shall be screened from the public way and neighboring properties by site appropriate native vegetation. Vegetation shall be at 90% opacity and equal to the height of fencing within three years of planting. Any razor or barbed wire on required security shall not be visible from the public way or abutting property. All applicants shall submit a screening plan. The Zoning Board of Appeals may waive this requirement if topography or other site considerations produce adequate screening.

Lighting: All outdoor marijuana cultivators shall meet the security requirements of 935 CMR 500 without the use of overnight visible outdoor lighting. Visible lighting on site shall be limited to that necessary to provide safe egress from buildings and parking as required by the Massachusetts State Building Code and/or the Cannabis Control Commission and shall be of full cutoff Type 3 fixtures as defined by § 70-5.4D. All applicants shall submit a lighting plan as defined by § 70-5.4D of this chapter to the Zoning Board of Appeals as part of their application.

Odor dispersal plan: All outdoor marijuana cultivators shall utilize best available technology which may include vegetative buffers to mitigate cannabis plant odors. Applicants shall submit a detailed odor dispersal plan to the Zoning Board of Appeals as part of their application.

Intent to supplement Articles V and VIII: Article V, Development Standards, and Article VIII, § 70-8.4, Special permits, shall apply to all marijuana cultivations, without limitation in any respect by the provisions of this § 70-7.2K.

§ 70-7.3 Accessory uses.

Home occupations. A home occupation is allowed in accordance with § 70-3.3B, Accessory Uses, as an accessory use, provided that the following are complied with:

[Amended 5-17-2016 ATM, Art. 32]

The profession or home occupation shall be conducted by not more than two residents of the premises.

Not more than two persons, other than residents of the premises, shall be regularly employed on the premises in connection with such use.

No noise, vibration, smoke, dust, odor, heat, glare, unsightliness, electrical interference or other nuisance shall be produced which is discernible from other properties.

The use shall be clearly incidental to and secondary to the use as a residence.

Less than 50% of the gross floor area of the dwelling unit shall be used for home occupation.

There shall be no external evidence of the office or occupation, except as allowed by Chapter 53, Signs, of the Code of the Town of Williamstown, and no exterior storage or display of goods or wares.

There shall be adequate off-street parking for employees and visitors in connection with such use.

Excessive vehicular traffic is not generated. Vehicles used in connection with the occupation shall be parked in the rear or side yard or under cover.

Accessory scientific uses. In all districts, activities accessory to activities otherwise permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, whether or not on the same parcel as activities permitted as a matter of right, are allowed subject to Board of Appeals approval as provided in § 70-8.4.

§ 70-7.4 Overlay District requirements.

Floodplain District.

Purpose. The purposes of the Floodplain District are to:

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding.

Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

Notification of watercourse alterations. Notify, in a riverine situation, the following of any alteration or relocation of a watercourse:

Adjacent communities.

NFIP State Coordinator:

[Amended 5-16-2006 ATM, Art. 39]

Massachusetts Department of Conservation and Recreation

251 Causeway Street, Suite 800

Boston, MA 02114-2104

NFIP Program Specialist:

[Amended 5-16-2006 ATM, Art. 39]

FEMA Region 1

99 High Street, 6^th Floor

Boston, MA 02110

Use regulations.

[Added 5-19-1998 ATM, Art. 26]

General. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL C.131, § 40, and with the following:

Section of the Massachusetts State Building Code, which addresses floodplain areas (currently 780 CMR 3107.0, "Flood Resistant Construction").

Wetland Protection Act Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00).

Inland Wetlands Protection Restriction Regulations, DEP (currently 310 CMR 13.00).

[Amended 5-16-2006 ATM, Art. 39]

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR, 15, Title 5).

Large developments. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

Variance. Any variances from the provisions and requirements of the above-referenced regulations may only be granted in accordance with the required variance procedures of these state regulations.

In zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Williamstown FIRM Map, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

[Added 5-16-2006 ATM, Art. 39]

Administrative. All definitive subdivision plans shall be reviewed by the Planning Board to assure that:

Such proposals minimize flood damage.

All public utilities and facilities are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided to reduce exposure to flood hazards.

Upland Conservation District.

Intent. The Upland Conservation District is intended to protect the public health and safety; to protect persons and property against the hazards of floodwater inundation and unsuitable and unhealthy development of steep slopes, unsuitable soils, swamp land, marsh land and watercourses; to protect the balance of nature, including the habitat for birds, wildlife, insects and plants essential to the survival of humans; to conserve and increase the amenities of the Town, natural conditions and open spaces for education, recreation and the general welfare.

Superimposition. The Upland Conservation District shall be considered to be superimposed over any other district established by this chapter. Land in the district shall be used only for such uses as are permitted in the underlying district subject to the following additional restrictions.

Uses permitted. In the Upland Conservation District uses permitted or permitted subject to approval under a special permit shall be the same as for a Rural Residence District 1, except that single-family dwellings are not allowed.

Development plan approval. All development within the Upland Conservation District shall be subject to the requirements of development plan approval as set forth in § 70-8.2.

Mobile Home Park District.

Intent. The Mobile Home Park District is intended for locations suitable for the development of mobile home parks, compatible with existing development and environmental constraints.

Mobile home parks are allowed in the overlay district subject to special permit approval by the Zoning Board of Appeals under the criteria of § 70-8.4D and to the Regulations Governing Mobile Home Parks in Williamstown adopted by the Board of Health, as most recently amended.

[Amended 5-16-2017 ATM, Art. 35]

Water Resource 1 and 2 and Confined Aquifer Districts.

Intent. The intent of the Water Resource and Confined Aquifer Districts is to preserve and protect the water resources of the Town of Williamstown and related areas against degradation through either excessive planned disposal of wastes or unplanned contingency resulting in contamination. The intent of the Water Resource 1 District is to provide such protection for those areas most clearly providing recharge to aquifers drawn upon for public water supply, while Water Resource District 2 is intended to provide such protection to other important recharge areas. The Confined Aquifer District is intended to protect the integrity of the impervious cover above aquifers drawn upon for public water supply.

WRD use regulations.

Within Water Resource Districts 1 and 2 (WRD1 and WRD2), the requirements of the underlying zoning districts continue to apply, except that uses are prohibited where indicated by "No" in the following schedule, and require a special permit for water resource use where indicated by "SP", even where underlying district requirements are more permissive. Where there is no entry in this schedule, the underlying district requirements are controlling.

	DISTRICT
Uses	WRD1	WRD2
Principal uses:
Manufacture, use, transport, storage, transfer and disposal of hazardous materials	No	No
Truck terminal	No	SP
Sanitary landfill, junkyard, salvage yard, sludge disposal, other solid waste disposal	No	No
Motor vehicle service, repair or washing	No	SP
Unsewered single-family dwelling with lot area under 40,000 square feet	SP	SP
Accessory uses or activities:
Underground storage of hazardous materials	No	SP
Nonagricultural use involving manufacture, processing, mixing, transport or storage of hazardous materials in excess of quantities which, as wastes, are allowed small quantity generators, as defined in DEP Regulations 310 CMR 30	SP	SP
Storage of ice control chemicals in quantities requiring state reporting	No	SP
Disposal of snow from outside the district, if containing deicing materials	No	SP
Parking lot with 200 or more spaces capacity	SP	SP
Solid waste disposal, except brush and stumps generated on the site	SP	SP
Waste characteristics:
On-site disposal of industrial waste, as defined in Title V	SP	SP
Use (other than single-family dwellings) having estimated on-site sewage disposal exceeding 10 gallons per day per 1,000 square feet of lot area or exceeding 15,000 gallons per day regardless of lot area (flow based on Title V)	SP	SP
Waste generation requiring the obtaining of an EPA identification number in excess of limits for a very small quantity generator, as required under DEP regulations, 310 CMR 30	SP	SP
Other characteristics:
Rendering impervious more than 30% of lot area within the Water Resource District	SP	SP
Use (other than single-family dwellings) retaining less than 30% of lot area in its natural state with no more than minor removal of trees and ground vegetation	SP	SP
Discharge to surface water requiring an NPDES permit (314 CMR 3.00)	SP	SP

Changes in activity resulting in the necessity of obtaining an Environmental Protection Agency identification number as a waste generator (other than a very small quantity generator), changes resulting in crossing the thresholds of § 70-7.4D(2), or change of proprietorship for a use which exceeds the thresholds of § 70-7.4D(2) shall constitute change of use and is allowed only under special permit as provided under § 70-7.4D(4) or as provided under § 70-1.4 for existing nonconforming uses.

Confined Aquifer District use regulations. Within the Confined Aquifer District, the requirements of the underlying zoning districts continue to apply, except as follows:

Excavations, wells, borings or other man-made intrusions, other than those made for a municipal use, shall extend into the confined aquifer only if granted a special permit for water resource use under Subsection D(4) of this section. Any intrusion of greater than 50 feet depth below natural grade shall be presumed to extend into the confined aquifer unless demonstrated otherwise either to the satisfaction of the Planning Board in its development plan review, or to the special permit granting authority, through its hearing on the special permit application.

Wells must be constructed in accordance with any applicable Board of Health regulations.[1] Wells shall have top openings higher than any potential surface sources of contamination and above the base flood level (see § 70-7.4A), unless located in a floodproofed well house, and shall employ approved backflow preventers.

Editor's Note: See Ch. 164, Wells.

All nonyielding holes installed in the process of constructing a well must forthwith be filled and sealed so as to not act as a conduit to the groundwater, and any abandoned well shall similarly be filled and sealed within one year of abandonment. Filling shall be done with clean puddled clay, neat cement grout or concrete grout. The well point shall be recovered if possible.

Special permits.

Authority and procedure.

The special permit granting authority (SPGA) shall be the Zoning Board of Appeals, except that if another agency is designated under other provisions of this chapter as the SPGA for the use being applied for, that agency shall act as SPGA under this section.

Upon receipt of a complete application, the SPGA shall transmit one copy each to the Planning Board, Conservation Commission, Board of Health, Health Department, Department of Public Works, Local Water Resources Management Official, Municipal Coordinator for Hazardous Substances and Planning Administrator for their written recommendations. Failure to respond within 35 days of transmittal shall indicate approval by said agencies and officials.

[Amended 5-19-2015 ATM, Art. 38]

Submittals. When applying for a special permit for water resource use, 10 copies of the following shall be submitted to the SPGA by the date of first publication of public hearing notice, unless the SPGA, prior to formal application, determines that certain of these items are not germane:

A complete list of all hazardous materials to be used or stored on the premises, accompanied by a description of proposed storage containers and measures proposed to protect from vandalism, corrosion and leakage and to provide for spill prevention and countermeasures.

A description of potentially hazardous wastes to be generated, indicating storage and disposal method.

A description of the site sufficient to describe any hydraulic connection with off-site water supplies and water bodies and of potential pollution by coliform bacteria, nutrients or other contaminants, including, as necessary, rock fracture trace mapping, test drilling and test well observations, as detailed in administrative regulations to be adopted and from time to time amended by the Board of Appeals, following consultation with the Board of Health, Health Department, Conservation Commission, Planning Board and Director of Public Works.

Evidence of Massachusetts Department of Environmental Protection (DEP) approval of any wastewater treatment system over 15,000 gallons per day capacity and of any industrial waste treatment or disposal system.

For underground storage of hazardous materials, evidence of qualified professional supervision of system design and installation.

For disposal on-site of domestic wastewater with an estimated sewage flow greater than 15,000 gallons per day, evidence of qualified professional supervision of system design and installation.

Special permit criteria.

Special permits for water resource use under § 70-7.4D shall be granted only if the SPGA makes the following determinations:

If waste characteristics of on-site disposal is the reason a special permit is required under § 70-7.4D(2), that for the portion of the site within the Water Resource District, nitrate loading would not exceed 10 parts per million based upon the following estimates, or other figures approved for the specific project:

Sewage volume based on realistic estimate (not simply design volume as required under Title V).

Rainfall:

[A]

Valley = 40 inches.

[B]

Mountain = 50 inches.

Fertilized area adds 0.6 pounds of nitrates per 1,000 square feet of lawn or garden.

Nitrate concentrations:

[A]

Sewage effluent = 40 parts per minute.

[B]

Pavement runoff = 3.0 parts per million.

[C]

Roof runoff = 0.75 parts per million.

[D]

Natural area recharge = 0.05 parts per million.

Recharge percentages:

[A]

Sewage effluent = 95%.

[B]

Pavement and roof = 95%.

[C]

Natural and fertilized areas = 40%.

and also that for other contaminants, similar analysis would indicate groundwater meeting all water quality standards (310 CMR 22.00).

That no private well or spring located off-site will be degraded below State drinking water standards (310 CMR 22.00) as a result of development on this site; and

That proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure.

The SPGA shall retain qualified experts at the reasonable expense of the applicant in order to evaluate the application and submittals, except in those cases where such assistance is determined by the SPGA to be unnecessary because of the simplicity of the specific case.

Decision.

Conditions. Special permits shall be granted only subject to such conditions as necessary to assure adequate safeguarding of water quality, which may include the following, among others:

Monitoring wells to be located down-gradient of potential pollution sources, with periodic sampling to be provided to the Health Department at the owner's expense.

Pollutant source reduction, including limitations on use of parking area deicing materials and periodic cleaning or renovation of pollution control devices, such as catch-basin sumps.

Departures. In its written decision, the SPGA shall explain any departures from the recommendations of other Town agencies or its retained experts.

Design and operations guidelines. Within Water Resource Districts, the following design and operations guidelines shall be observed:

Safeguards. Provision shall be made to protect against hazardous materials discharge or loss through corrosion, accidental damage, spillage or vandalism. This shall be accomplished through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for hazardous materials and indoor storage provisions for corrodible or dissolvable materials.

Locations. Where the premises are partially outside of the Water Resource District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

Disposal. Provisions shall be made to assure that any waste disposed on the site shall contain no hazardous materials, or shall be disposed of in strict accordance with 310 CMR 30, Hazardous Waste Regulations.

Drainage.

Stormwater recharge shall be by surface infiltration through vegetative surfaces unless otherwise approved by the Planning Board during development plan review. Where dry wells or leaching basins are used, they shall be preceded by oil, grease and sediment traps. Drainage from loading areas for toxic or hazardous materials shall be separately collected for safe disposal.

The Planning Board may require the submittal of a maintenance and monitoring plan for stormwater facilities to assure the continuing effectiveness of pollution control provisions.

Sewerage. Sewerage within the Water Resource District shall be designed and constructed in a manner such that groundwater levels, flows and/or recharge will not be significantly lowered, diverted or otherwise altered by such construction, and that risk of leakage is minimized.

Ice-control chemicals. Where allowed, storage of ice-control chemicals in quantities requiring state reporting shall be authorized only within a weatherproof shelter having an impervious floor and only if all loading and unloading will be done within that shelter, with provisions made for safe cleanup.

Septic system cleaners. Septic system cleaners containing toxic organic chemicals shall not be employed.

Fertilizers and pesticides. Fertilizers, pesticides, herbicides and other leachable hazardous materials shall be stored indoors only, and shall be applied in amounts not exceeding US EPA and Massachusetts Pesticide Board standards and USDA Best Management Practices standards.

Monitoring. Periodic monitoring may be required as a condition of approval under development plan review or for special permits, including sampling of wastewater disposed to on-site systems or dry wells and sampling from groundwater monitoring wells to be located and constructed as specified in the special permit with reports to be submitted to the SPGA, the Health Department and the Board of Water Commissioners. The costs of monitoring, including sampling and analysis, shall be borne by the owner of the premises.

Violations. Written notice of any violation shall be provided by the Planning Administrator to the owner of the premises, specifying the nature of the violation and specifying a time for compliance, including cleanup of any spilled materials. The time allowed shall be reasonable in relation to the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance. The costs of achieving compliance shall be borne by the owner of the premises or, if uncollectible from the owner, by the responsible occupant.

[Amended 5-19-2015 ATM, Art. 38]

Wellhead Protection District.

Intent. The Wellhead Protection District (WPD) is established to promote the health, safety and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town; to preserve and protect existing and potential sources of drinking water supplies; to conserve the natural resources of the Town of Williamstown; and to prevent temporary and permanent contamination of the environment.

Superimposition. The Wellhead Protection District shall be considered to be superimposed over any other district established by this chapter. Within WPD, the requirements of the underlying zoning districts continue to apply, except that uses are prohibited where indicated by "No" in Table 7.4, and require a special permit where indicated by "SP" in Table 7.4, even where the underlying district requirements are more permissive. Where there is no entry in Table 7.4, the underlying district requirements control.

Table 7.4 Wellhead Protection District Use Schedule
	USES
1	Landfills and open dumps as defined in 310 CMR 19.006.		No
2	Storage of liquid petroleum products, except the following:		No
	a.	Normal household use, outdoor maintenance and heating of a structure,
	b.	Waste oil retention facilities, required by statute, rule or regulation,
	c.	Emergency generators, required by statute, rule or regulation,
	d.	Treatment works approved under 314 CMR 5.00 for treatment of ground or surface waters,
	provided that such storage, listed in items a through d above, is in freestanding containers within buildings or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.
3	Landfilling of sludge or septage as defined in 310 CMR 32.05.		No
4	Storage of sludge and septage, unless such storage is in compliance with 310. CMR 32.30 and 310 CMR 32.31.		No
5	Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 to receive more than 110 gallons of sewage per quarter acre under one ownership per day, or 440 gallons of sewage on any one acre under one ownership per day, whichever is greater, provided that the replacement or repair of a system, which will not result in an increase in design capacity over the original design, or the design capacity of 310 CMR 15.00, whichever is greater, shall be exempted; in cluster subdivision the total sewage flow allowed shall be calculated based on the number of percable lots in the entire parcel.		No
6	Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.		No
7	Storage of animal manure unless covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service.		No
8	Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within six feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data complied by the United States Geological Survey, except for excavations for building foundations, roads, or utility works.		No
9	Facilities that generate, treat, store or dispose of hazardous waste subject to MGL C. 21C and 310 CMR 30.000, except the following, which shall require a special permit pursuant to subsection 20, below:		No
	a.	Very small quantity generators as defined under 310 CMR 30.000;
	b.	Household hazardous waste centers and events under 310 CMR 30.390;
	c.	Waste oil retention facilities required by MGL C. 21, § 52A;
	d.	Water remediation treatment works approved by Massachusetts Department of Environmental Protection (DEP) or, where applicable, a licensed site
		professional (LSP) under 310 CMR 40.00, as amended, for the treatment of contaminated ground or surface waters.
10	Automobile graveyards and junkyards, as defined in MGL C. 140B, § 1.		No
11	Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except the following:		No
	a.	The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
	b.	The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);
	c.	Treatment works approved by the Massachusetts Department of Environmental Protection or, where applicable, an LSP, designed for the treatment of contaminated groundwater or surface water;
	d.	Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the special permit granting authority's satisfaction and approval both that these problems are attributable to current septic systems and that there will be a net improvement in water quality.
12	Storage of hazardous materials, as defined in MGL C. 21E, unless in a freestanding container within a building or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.		No
13	Industrial and commercial uses which discharge process wastewater on-site.		No
14	Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.		No
15	Storage of commercial fertilizers, as defined in MGL C. 128, § 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate.		No
16	The use of septic system cleaners which contain toxic or hazardous chemicals.		No
17	Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.		SP
18	The application of pesticides, including herbicide, insecticides, fungicides and rodenticides, for nondomestic or nonagricultural uses in accordance with state and federal standards. The special permit shall be granted if the applicant demonstrates that such standards will be met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management Plan (IPM) program under 333 CMR 12.00.		SP
19	The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation.		SP
20	Those activities that are exempt under Subsection 9 above, and activities that involve the handling of toxic or hazardous materials as defined herein, in quantities greater than those associated with normal household use, if permitted in the underlying zoning. Such activities shall require a special permit to prevent contamination of groundwater.		SP
21	The construction of dams or other water control devices, ponds, pools, basins or other changes in water bodies or courses, created for swimming, fishing or other recreational uses, agricultural uses or drainage controls or improvements. Such activities shall not adversely affect water quality or quantity.		SP
22	Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.		SP

Special permits.

Authority. The special permit granting authority (SPGA) shall be the Zoning Board of Appeals.

Procedure.

Twelve copies of the following shall be submitted to the SPGA by the date of the first publication of public hearing notice, unless the Planning Administrator, prior to formal application, determines that certain of these items are not germane:

Items [1] - [6] of § 70-7.4D(4)(b)

Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act (310 CMR 30.000), including obtaining an EPA identification number from the DEP.

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

Proposed down-gradient location(s) for groundwater monitoring well(s), should the SPGA determine the activity a potential groundwater threat.

Upon receipt of a complete application, the SPGA shall transmit one copy each to the Planning Board, Conservation Commission, Department of Public Works, Board of Health, Planning Administrator and Municipal Coordinator for Hazardous Substances for their written recommendations. Failure to respond within 35 days of transmittal shall indicate approval by said agencies and officials.

[Amended 5-19-2015 ATM, Art. 38]

Special permit criteria.

In addition to the special permit criteria of § 70-8.4D, special permits for the uses in Table 7.4 requiring a special permit, except for 17 preexisting nonconforming uses (which need only comply with the criteria of § 70-8.4D), shall comply with the following criteria:

That no private well or spring located off-site will be degraded below state drinking water standards (310 CMR 22.00) as a result of development on this site; and

That proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure.

Decision.

Conditions. Special permits shall be granted subject to such conditions as necessary to assure adequate safeguarding of water quality, which may include the following, among others:

Monitoring wells to be located down-gradient of potential pollution sources, with periodic sampling to be provided to the Health Department at the owner's expense.

Pollutant source reduction, including limitations on use of parking area deicing materials and periodic cleaning or renovation of pollution control devices, such as catch-basin sumps.

Departures. In its written decision, the SPGA shall explain any departures from the recommendations of other Town agencies or its retained experts.

Design and operations guidelines. Within the Wellhead Protection District, the following design and operations guidelines shall be observed:

Locations. Where the premises are partially outside of the Wellhead Protection District, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

Drainage.

Provision shall be made for on-site recharge of all stormwater runoff from impervious surfaces other than roofs unless, in conducting development plan review, the Planning Board determines either (i) that recharge is infeasible because of site conditions, or (ii) that the recharge is undesirable because of uncontrollable risks to water quality from such discharge, or (iii) within the Village Business District, that the runoff is designed to flow to a stormwater sewer and the authority having jurisdiction over said stormwater sewer gives written confirmation and acceptance to the applicant, with a copy filed with the Department of Inspection Services, that the stormwater sewer system is capable of accepting such runoff.

[Amended 5-19-2009 ATM, Art. 32]

The Planning Board may require the submittal of a maintenance and monitoring plan for stormwater facilities to assure the continuing effectiveness of pollution control provisions.

Stormwater systems shall comply with § 70-5.3B, Stormwater management.

[Added 5-17-2011 ATM, Art. 34]

Sewerage. Sewerage within the Wellhead Protection District shall be designed and constructed in a manner such that groundwater levels, flows and/or recharge will not be significantly lowered, diverted or otherwise altered by such construction, and that risk of leakage is minimized.

Ice control chemicals. Where allowed, storage of ice control chemicals in quantities requiring state reporting shall be authorized only within a weatherproof shelter having an impervious floor and only if all loading and unloading will be done within that shelter, with provisions made for safe cleanup.

Septic system cleaners. Septic system cleaners containing toxic organic chemicals shall not be employed.

Monitoring. Periodic monitoring may be required as a condition of approval under development plan review or for special permits, including sampling of wastewater disposed to on-site systems or dry wells and sampling from groundwater monitoring wells to be located and constructed as specified in the special permit with reports to be submitted to the SPGA, Board of Health and Board of Water Commissioners. The costs of monitoring, including sampling and analysis, shall be borne by the owner of the premises.

Waubeeka Overlay District.[2]

[Added 5-17-2016 ATM, Art. 35]

Intent. The Waubeeka Overlay District is intended to permit and encourage redevelopment at the Waubeeka property in a manner that:

Preserves the majority of the area within the district, including the golf course, as an important community recreational and open space asset.

Is consistent and in keeping with the historical context of the adjacent South Williamstown Historic District and the greater community.

Promotes the public welfare by encouraging the reuse and enhancement of an existing economic asset.

The Waubeeka Overlay District is superimposed over the underlying Rural Residence 2 District. Land in the district may be used for such uses as are permitted by right or allowed subject to special permit approval in the underlying district, subject to the same requirements as in the underlying district. Within the WOD, requirements of the underlying district shall apply except where superseded by the special requirements of the WOD in connection with WOD special permits. In the event a WOD special permit lapses pursuant to § 70-8.4B, is permanently revoked, or is permanently surrendered, the special requirements of such WOD special permit shall expire.

Permissible uses. The following primary and accessory uses are permitted in the WOD upon special permit from the Zoning Board of Appeals.

Primary uses.

Country inn.

Restaurant.

Membership club.

Golf course which provides for public access.

Accessory uses.

Ground-mounted solar photovoltaic systems.

Development standards.

Height Requirements: Buildings shall be limited to three stories in height, and no higher than 40 feet. The exterior design will reduce the apparent height and bulk of the building. Design features should have architectural elements that divide the building into smaller pieces. Applicants are required to present plans that demonstrate consistency with this objective.

Landscaping. Landscaping should reduce the apparent height and bulk of the building. Landscape design will include trees, singly or in clumps, arranged to break up the mass of the building and provide a more human scale and shall be oriented in order to reduce massing from adjacent properties and preserve existing distant mountain view sheds to the maximum extent practicable.

Dimensional requirements. The underlying dimensional standards of the Rural Residence 2 District shall apply.

Parking requirements: subject to parking determination from the Planning Board as an unlisted use.

Access requirements. Access to building envelopes shall be from New Ashford Road.

Open space and building envelopes. In connection with any WOD special permit, the entire WOD shall be divided into open space and building envelopes.

All areas not included in a building envelope shall remain open space as a condition of any WOD special permit.

Permitted open space improvements. Open space shall be inclusive of: subsurface infrastructure; accessory use, ground-mounted solar photovoltaic infrastructure and panels; golf course playing area; and such accessory buildings reasonably necessary to support the operation of such permitted open space improvements, provided no such accessory buildings shall have an area in excess of 600 square feet. Examples of such accessory buildings include pump houses, equipment shelters, control technology shelters, rain shelters, restrooms and snack sheds.

Prohibited open space improvements: all structures other than those permitted under Subsection F(5)(a)[1] above.

Building envelopes. Structures, infrastructure, improvements and landscaping may be permitted as described in the definitions of "primary building envelope" and "secondary building envelopes" set forth in Subsection F(8) below.

Infrastructure. All infrastructure in the district need not be located on the same parcel, premises, or Assessor's Map Lot as the structures or uses it supports. Building envelopes and the structures, infrastructure, improvements and landscaping within them may span parcels, premises, or Assessor's parcels within the WOD.

Plan requirements. Any applicant for a WOD special permit shall submit a plan defining open space areas and building envelopes in accordance with this section and the definitions of "primary building envelope" and "secondary building envelopes" set forth in Subsection F(8) below. The plan shall be prepared by an engineer, architect or registered surveyor, and any WOD special permit shall include a condition approving and referencing the open space/building envelope plan.

Special permit criteria. Any proposed development shall meet the following criteria in addition to the special permit criteria of § 70-8.4D.

The overall development, including architectural design, shall be of a form, style and scale that maintains and enhances those qualities and historical traditions of the Five Corners National Registered Historic District in order to protect the historic and scenic character of the adjacent district.

The development shall considerately treat and not detract from viewsheds described as Noteworthy and Distinctive in the 1982 Massachusetts Landscape Inventory published by the Massachusetts Department of Environmental Management.

No dwelling units shall be located in the WOD as a condition of any special permit which permits a country inn.

WOD conservation restriction. As a condition of the use and occupancy of any country inn allowed by WOD special permit, a conservation restriction (CR) shall be placed on all of Map 304, Lot 30 (the "CR Lot") under the following terms.

Allowed uses. The following uses are allowed on the CR Lot:

A well or wells and all related infrastructure;

Ground-mounted photovoltaic infrastructure and panels;

Geothermal heating or cooling infrastructure;

All necessary activity and infrastructure to explore, dig for, drill, affix upon, install and then draw from and convey from the CR Lot the product of the above uses for the purpose of serving any and all development located on Map 303, Lots 17 and/or 51 and/or any division thereof:

Forestry or tree farming;

Passive recreation;

Any use not inconsistent with CR as granted.

Prohibited uses. The following uses are prohibited on the CR Lot:

The construction or placing of any buildings, improvements, or roadways other than as needed to support the uses reserved in Subsection F(7)(a).

The placing, storage, or dumping of refuse, trash, vehicle bodies or parts, rubbish, debris, junk, or waste;

The excavation from the CR Lot of any loam, peat, sand, gravel, rock or other mineral resources, other than that which is necessary to accommodate an allowed use.

The CR shall be offered as a permanent conservation restriction to the Town of Williamstown provided that if the permanent CR is not approved by any governmental body as required by MGL c. 184, § 26, 31, or 32, this Subsection F(7) CR condition shall be satisfied by offering the CR to the Town of Williamstown for 30 years pursuant to MGL c. 184, § 27, in which case it shall be renewable for additional periods of 20 years, all as provided in said MGL c. 184, § 27.

In the event a WOD special permit lapses pursuant to § 70-8.4B, no CR shall be granted in connection with such lapsed permit, but shall be granted pursuant to the terms hereof in the event the lapsed permit is reinstated.

The CR shall not grant to the public any right to enter upon the CR Lot.

WOD definitions. For the purposes of consideration of any WOD special permit, the following terms, abbreviations and words shall be defined as follows.

BUILDING ENVELOPES

Those areas of the WOD up to, but not more than, 10 acres in total, in which all structures other than permitted open space improvements as defined in Subsection F(5)(a) must be located. The total acreage of the primary building envelope and secondary building envelope(s), if any, shall not exceed 10 acres.

COUNTRY INN

An establishment where overnight transient sleeping accommodations are provided to lodgers in one or more guest rooms without kitchens, not to exceed 120 such rooms. If more than one room or area (for example, bedroom, living room or dining area) is located within a single suite or unit, each component room or area within such suite or unit counts as a separate "room" for purposes of this section. Country inns have common sitting and dining areas and may include a restaurant which may be open to the general public. Country inns may further include the following accessory uses:

Limited accessory recreation facilities, e.g., swimming pool, hiking trails, and tennis courts but not activities regulated by MGL c. 140, § 205A.

PRIMARY BUILDING ENVELOPE

Areas to accommodate social events or gatherings, e.g., conferences and weddings.

GOLF COURSE

An area with at least 18 holes for playing golf, including improved tees, greens, fairways, and hazards, and may include a driving range, golf playing area. Golf course facilities may include a clubhouse with golf related retail sales, e.g., pro-shop, as well as a restaurant which may be open to the general public ("golf patron structures"); and golf course equipment maintenance and storage structures and golf cart storage barns ("golf operations structures").

OPEN SPACE

Areas left substantially in a natural or landscaped state. The only improvements allowed in open space are permitted open space improvements as described in Subsection F(5)(a)[1].

A single area of up to but not more than 10 acres of the WOD shall be designated the primary building envelope. The primary building envelope shall be for structures and uses listed in Subsection F(3)(a) above. All country inns, golf course patron structures, and parking necessary for such structures shall be located in the single primary building envelope. Golf operations structures also may be located in the primary building envelope or may be located in a secondary building envelope or envelopes. The single primary building envelope shall be located on Assessor's Map 303, Lot 17 and a contiguous portion of Map 303, Lot 51 to the south of Map 303, Lot 17.

SECONDARY BUILDING ENVELOPES

One or more building envelopes separate from the primary building envelope. Only golf operations structures and parking for such structures are permitted in a secondary building envelope. The total amount of acreage devoted to any secondary building envelope(s) shall be subtracted from the acreage available for the primary building envelope such that the total acreage of the primary building envelope and secondary building envelope(s), if any, shall not exceed 10 acres.

Editor's Note: Former Subsection F, Station Mill Redevelopment District, added 5-18-2004 ATM, Art. 28, was repealed 5-15-2007 ATM, Art. 29.

Cable Mills Redevelopment District.

Intent. The intent of the Cable Mills Redevelopment District (CMRD) is to encourage the redevelopment of the historic Cable Mills site in a manner that:

Preserves and complements adjacent historic properties;

Preserves the historic character and viability of the Cable Mills District and maintains its place in Williamstown's history; and

Promotes diverse housing opportunities and uses including residential, commercial, retail, office, or a combination thereof.

Superimposition. The Cable Mills Redevelopment District shall be considered to be superimposed over the underlying Village Business District. Within CMRD, the requirements of the underlying district continue to apply, except that uses are prohibited where indicated by "No," or require a special permit where indicated by "SP" in Table 7.6, even when the underlying district requirements are more permissive.

Table 7.6 Cable Mills Redevelopment District Use Schedule
	USES
(A)	RESIDENTIAL USES
1	New two-family dwellinqs	SP
2	New multifamily dwellings (see 70-7.1K)	SP
3	Multifamily dwellings by conversion of an existing historic building (see 70-7.1K)	SP
(B)	BUSINESS USES
1	Theater, bowling alley, skating rink, club or other place for amusement, exercise, or assembly	SP
2	Tourist home	No
3	Hotel	SP
4	Bus or taxi terminals	No
5	Cemetery, hospital, sanitarium, nursing home or other medical institution, including nonprofit research laboratory or charitable institution.	No
6	Salesroom for automobiles, bicycles, boats, farm implements and similar equipment	No
7	Gasoline service station, garage or repair shop (see § 70-7.2.B)	No
8	Funeral Home	No
9	Mortuary or crematory	No
10	Restaurants closer than 50 feet to the south property line	No
(C)	INDUSTRIAL USES
1	Printing or publishing establishment	No
(D)	ACCESSORY USES
1	Parking of larger vehicles	SP

Special permits.

Authority. The special permit granting authority (SPGA) shall be the Zoning Board of Appeals.

Procedure. All applications for special permits for the construction or conversion of buildings for uses in Table 7.6 shall include a development plan, prepared in accordance with § 70-8.2. The Historical Commission shall receive copies of the plan and proposal. The Historical Commission may comment on whether the proposed use meets the criteria of § 70-8.4 and recommend conditions and safeguards to meet the criteria or mitigate negative impacts.

Criteria for special permits. In addition to the criteria set forth in § 70-8.4D, special permits required for uses in Table 7.6 shall issue only after consideration of the project's compliance with the following criteria: The development facilitates the intent of the CMRD set forth in § 70-7.4.G(1) through:

Connection of buildings to the adjoining properties through architectural style and scale;

A mix of residential and commercial uses;

Access to the Green River for recreation;

Diverse housing opportunities, including market rate dwelling units and dwelling units that are affordable to households at or below the then-current median income for nonmetropolitan Berkshire County, as estimated by the HUD Regional Economist; and

Limiting risk to the Wellhead Protection District.